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10 May 2012, 7:31 am by Howard Wasserman
Had the court agreed, it would have dismissed under 12(b)(6) (again, see Arbaugh, Morrison, and Hosanna). [read post]
8 May 2012, 12:35 pm by Guest Blogger
(And, in fact, the avoidance canon only matters when it requires the Court to pick a less-natural reading, otherwise it wouldn’t do any work.) [read post]
1 May 2012, 8:46 pm by Edward A. Fallone
The more recent cases of Lopez and Morrison do not apply to the individual mandate. [read post]
20 Apr 2012, 2:03 pm by Jeff Brown
Personally, I love to listen to Helm sing, or just hear him talk for that matter. [read post]
18 Apr 2012, 7:01 am by David Fine
Alan Morrison, co-counsel for plaintiffs and a George Washington University law professor, has indicated that the judge’s denial of the preliminary injunction was “not the last word” in the matter. [read post]
16 Apr 2012, 2:47 pm by Richard M. Esenberg
As a political and historical matter, pushing aside structural limits on the power of the federal government was a cardinal – and necessary – achievement of the Progressives’ constitutional project. [read post]
4 Apr 2012, 4:30 am
" (Editors' Note: See the CAFA Law Blog analysis of Morrison posted on August 31, 2011). [read post]
4 Apr 2012, 4:15 am by Louis M. Solomon
Tags: International Practice, Adjudication, Subject-Matter Jurisdiction, Trials & Evidence, Extraterritoriality Related posts Second Circuit Clarifies Morrison’s Holding Concerning What Is a U.S. [read post]
30 Mar 2012, 8:25 am
 As a substantive matter, I would not have conceded that there is any general prohibition on the regulation of inactivity, although I would have made the government's argument as an alternative point. [read post]
29 Mar 2012, 8:29 am by David Hart QC
So another Court of Appeal could disagree with the majority in this 2-1 decision, particularly given Carnwath LJ’s undoubted authority on public law and planning matters. [read post]
28 Mar 2012, 5:44 pm by Neil Siegel
Jack and I see this matter similarly. [read post]
26 Mar 2012, 11:00 pm
Before the ACA, Congress has not been able to compel Americans to engage in an activity, even one with substantial economic consequences-for example, no one is required by law to purchase flood insurance even if they live in a flood plain or for that matter stop building homes in flood plains. [read post]
25 Mar 2012, 9:25 pm by Jonathan H. Adler
 Many of those defending the mandate today felt much the same way, and have sought to minimize the importance of Lopez (and Morrison) ever since. [read post]