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27 Mar 2012, 5:38 pm
Unfortunately for the law’s defenders, the SG today lapsed into incoherence when Justices Alito, Kennedy, and Scalia asked him to identify a limiting principle (check out various liberal blogs for apoplectic reactions to SG Verrilli’s performance). [read post]
27 Mar 2012, 4:56 pm
I must say, I find Nina Totenberg's characterization of SG Verilli as a hydroambulatory god-lawyer pretty overstated if today is typical of his performances. [read post]
27 Mar 2012, 3:14 pm
It reminds me of the story about one of FDR’s early SGs who was so bad that some of the Justices informally advised the White House that they’d better get somebody else if they wanted to win. [read post]
27 Mar 2012, 2:41 pm
You could imagine this as a helpful question, giving the SG the opportunity to address what was clearly a central concern to Justice Kennedy and the Chief. [read post]
27 Mar 2012, 2:13 pm
I thought that his “blue eyes” response to the SG’s offer of “the health insurance market is different” response was particularly tired. [read post]
27 Mar 2012, 1:02 pm
First, Kennedy closed with cryptic receptiveness to the Commerce argument (which I now give SG Verrelli credit for stressing) that insurance is a unique market justifying uniquely intrusive regulation: “MR. [read post]
27 Mar 2012, 12:42 pm
Did the SG throw the game? [read post]
27 Mar 2012, 12:25 pm
Even later, Sotomayor makes yet another reference to Lochner, and, like the SG, somehow associates federalism considerations with substantive due process: Well, that goes back to the substantive due process question. [read post]
27 Mar 2012, 10:33 am
Here are Kennedy’s comments, with the first block of questions to SG Verilli arguing in defense of the mandate, and the second to Michael Carvin challenging the mandate: 1) Could you help — help me with this. [read post]
27 Mar 2012, 9:49 am
That is where Tuesday’s argument wound up — with Kennedy, after first displaying a very deep skepticism, leaving the impression that he might yet be the mandate’s savior.Denniston thinks the SG failed to convince Kennedy, but the then the lawyers for the challengers somehow undercut their own case in Kennedy's eyes. [read post]
27 Mar 2012, 9:47 am
” I wonder what the SG said in response. [read post]
27 Mar 2012, 7:52 am
We are halfway through the mandate argument; the SG is done. [read post]
27 Mar 2012, 6:07 am
An SG must be quite sure that the position was indeed wrong. [read post]
27 Mar 2012, 4:05 am
While most everyone’s attention understandably has been focused on the constitutional challenge to the insurance-maintenance provision of the ACA being argued in Court this morning, the other substantive challenge before the Court this week—namely, the argument by the 26 plaintiff States that Congress’s manner of expanding Medicaid eligibility in the ACA is unconstitutional (being argued tomorrow afternoon)—has mostly slipped under the radar. [read post]
26 Mar 2012, 2:53 pm
The SG reiterated the government’s position that there is no non-compliance in that scenario. [read post]
26 Mar 2012, 12:18 pm
" The SG says that's right. [read post]
26 Mar 2012, 10:13 am
When the SG agrees with her that the question could indeed be avoided, Justice Kennedy says "Don't you want to know the answer? [read post]
26 Mar 2012, 8:23 am
He went so far as to invite the Solicitor General to do so in this case, but the SG declined, arguing that the unequivocal position of the United States is that the Anti-Injunction Act is jurisdictional in nature and cannot be waived. [read post]
25 Mar 2012, 9:25 pm
This is one reason the SG’s office has shifted its emphasis from “commerce” to what is “necessary and proper” and remains concerned about the “broccoli question. [read post]
25 Mar 2012, 2:02 am
Currently employers are required to contribute to complying superannuation funds of eligible mature age employees aged 70 and older.This Bill removes the SG maximum age limit of 70 and requires employers to contribute to complying superannuation funds of eligible mature age employees aged 70 and older. [read post]
