Search for: "ROBERT WHEAT"
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14 Aug 2012, 6:46 am
District Court in D.C., and later worked with the law firm of former Secretary of State Robert Lansing. [read post]
7 Aug 2012, 12:56 pm
Ogden, 9 Wheat. 1, 189-190, 6 L.Ed. 23 (1824). [read post]
7 Aug 2012, 12:56 pm
Ogden, 9 Wheat. 1, 189-190, 6 L.Ed. 23 (1824). [read post]
3 Aug 2012, 10:00 am
The open letter below, from Ralph Nader, was read at the American Association of Justice annual convention in July. [read post]
2 Aug 2012, 9:19 am
At any rate it was easily demonstrated that an overwhelming portion of the adult population was already as much engaged in the commerce of the health care system as was the wheat farmer in Wickard. [read post]
25 Jul 2012, 11:03 am
Five members of SCOTUS so held, but as we look at the Supreme Court today - the one that's going to come back in October for the new term - it's very possible to say that it's a "Roberts Court," and it has exactly one member - the Chief Justice, John Roberts. [read post]
17 Jul 2012, 5:50 am
Was Roberts’ Commerce Clause argument necessary to his tax power holding? [read post]
3 Jul 2012, 2:25 pm
In NFIB, Chief Justice Roberts finds that the individual mandate creates commerce rather than regulating it. [read post]
1 Jul 2012, 9:07 pm
Roberts' opinion on the individual mandate is an interesting exercise in angels-on-heads-of-pins textual analysis -- a penalty is a tax for purposes of the Constitution, but it is not a tax for purposes of the Anti-Injunction Act -- and it exhibits, to this reader, an odd disregard for the history of the Supreme Court's Commerce clause jurisprudence (read Roberts' and Ginsburg's for differing perspectives on the Commerce Clause, the precedents on Federal… [read post]
29 Jun 2012, 1:39 pm
Chief Justice Roberts is clear that he is not rejecting the idea that choosing not to buy health insurance affects commerce, at least in the same way that Filburn’s growing the wheat his family consumed affected commerce. [read post]
29 Jun 2012, 11:01 am
Wickard was a case about wheat growing. [read post]
29 Jun 2012, 9:24 am
As true conservatives have said for years, if the court could use the commerce clause to forbid a farmer from eating the wheat he grew (See, Wickard v. [read post]
28 Jun 2012, 5:59 pm
, with Chief Justice Roberts writing the majority opinion and the liberal wing of the court concurring (mostly). [read post]
28 Jun 2012, 8:41 am
In Wickard, for example, we upheld the penalty imposed on a farmer who grew too much wheat, even though the regulation had the effect of compelling farmers to purchase wheat in the open market. [read post]
28 Jun 2012, 8:31 am
Maryland, 4 Wheat. 316, 405 (1819). [read post]
28 Jun 2012, 8:23 am
S. 111 (1942), which held that the economic activity of growing wheat, even for one’s own consumption, affected commerce sufficiently that it could be regulated, always has been regarded as the ne plus ultra of expansive Commerce Clause jurispru- dence. [read post]
28 Jun 2012, 7:32 am
The last decision in this trio is particular important as a symbol of the expansion of federal power, because it upheld Congress's power to regulate the "home consumption" wheat--that use of wheat by a farmer that he grew and consumed on his own farm. [read post]
26 Jun 2012, 9:42 pm
"Lawrence Tribkin" is a take-off on Laurence Tribe, a constitutional law professor at Harvard, who predicted today that his former student, Chief Justice John Roberts, would vote to uphold the mandate. [read post]
25 Jun 2012, 10:58 am
In just a few pages, Roberts (1) establishes limits on Wickard ("The farmer in Wickard was at least actively engaged in the production of wheat, and the Government could regulate that activity because of its effect on commerce. [read post]
29 May 2012, 9:01 am
(Randy Barnett) On TNR.com, Jeff Rosen has a thoughtful response to the criticism engendered by his New Republic magazine essay on Chief Justice Roberts. [read post]
