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21 Apr 2012, 2:26 pm by Zachary Spilman
CAAF’s third and final oral argument on Monday is in the “unusually interesting” Article 62 case of United States v. [read post]
11 Apr 2012, 12:47 pm by Edward A. Fallone
My response to that is to quote Justice Holmes in Lochner v. [read post]
2 Apr 2012, 7:07 am by Marty Lederman
Over at the Volokh Conspiracy, my colleague Randy Barnett, who's representing the private plaintiffs in the ACA case, has written a post focusing upon Justice Kennedy's expressed concern that in order for the Court to uphold section 5000A of the ACA, it might have to issue what Randy calls an "unbounded" opinion, one that would permit Congress to require the purchase of virtually any product--an outcome that Justice Kennedy fears would “change the relationship of the… [read post]
1 Apr 2012, 6:37 pm by Ilya Somin
Sutton’s opinion, meanwhile, rested on a dubious distinction between as-applied and facial challenges that would have required the Supreme Court to overrule United States v. [read post]
30 Mar 2012, 12:45 pm by Ilya Somin
He wrote well-known dissents in several previous cases striking down congressional laws on federalism grounds, including United States v. [read post]
30 Mar 2012, 8:25 am
To be sure, during the oral argument, Justice Breyer may have undermined the effectiveness of his hypo by appearing to agree with Michael Carvin (for the NFIB) that the argument for federal power in the inoculation case is of a piece with the argument for federal power in United States v. [read post]
29 Mar 2012, 11:53 am by Nathan Cortez
(Justice Breyer’s colloquy with Paul Clement, counsel for the state plaintiffs, invoking McCulloch v. [read post]
29 Mar 2012, 1:47 am by David Kopel
Ordering New York State to take title to low-level radioactive waste generated within the state (New York v. [read post]