Search for: "ROBERTS V COMMERCE" Results 1061 - 1080 of 1,691
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1 Aug 2012, 7:00 am
Joined by Justices Scalia, Kennedy, Thomas and Alito, the Chief Justice found that the Individual Mandate was unconstitutional under the Commerce Clause. [read post]
25 Jul 2012, 11:03 am by Lindsay Griffiths
Stuart said he would show us how Chief Justice Roberts maneuvered, and many are praising him, saying that this is what John Marshall did in Marbury v Madison. [read post]
20 Jul 2012, 5:12 am
He thus decided that it would simply be too damaging to the Court's credibility if there were a straight Republican/Democratic split on the Court, when confronted with the most politically salient case since Bush v. [read post]
18 Jul 2012, 5:57 am by Rob Robinson
.: Taking A Step Back - http://bit.ly/Lt2hP4 (Cynthia Courtney) Plaintiffs v. [read post]
17 Jul 2012, 10:45 am
We believe this view overstates the reach of the Chief Justice Roberts's opinion on the Commerce Clause, which is better understood as a refusal to further expand Congress's Commerce Clause power rather than as a significant contraction of that power. [read post]
17 Jul 2012, 5:50 am by JB
Was RobertsCommerce Clause argument necessary to his tax power holding? [read post]
12 Jul 2012, 2:43 pm by Ilya Somin
Robert Bork did indeed express a more deferential approach to judicial review. [read post]
12 Jul 2012, 2:11 pm by Ilya Somin
Perhaps he really was almost the only jurist in the world who bought the government’s tax argument, while rejecting their much stronger Commerce Clause and Necessary and Proper Clause arguments. [read post]
11 Jul 2012, 9:57 pm by Rick Hasen
Alternatively, as others have suggested he may be playing the long game, sacrificing a chance to strike down the health care law in order to set new markers on issues including the commerce clause and the spending power. [read post]
11 Jul 2012, 3:30 am
 As we can observe in the four Justices' opinions, the four other Republican appointees on the Court gave Chief Justice Roberts the silent treatment -- they failed to join any part of his opinion, even portions that adopted their own view that, for example, the Commerce Clause did not grant Congress the power to pass the individual mandate. [read post]
10 Jul 2012, 2:11 pm by Edward A. Fallone
  I thought that neither Justice Robert’s Commerce Clause analysis nor his Taxing Power analysis was particularly compelling, yet I was struck by the manner in which the Chief Justice managed to construct a 5-4 majority that paralleled Marbury v. [read post]
10 Jul 2012, 2:11 pm by Edward A. Fallone
  I thought that neither Justice Robert’s Commerce Clause analysis nor his Taxing Power analysis was particularly compelling, yet I was struck by the manner in which the Chief Justice managed to construct a 5-4 majority that paralleled Marbury v. [read post]