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30 Jun 2012, 10:32 am
(David Bernstein) When Roberts was nominated to the Supreme Court, one especially remarkable biographical detail came to light: every one of his friends interviewed by the media, conservative, liberal, and otherwise, swore they had never heard him express any opinion in private conservation on any controversial Supreme Court cases. [read post]
29 Jun 2012, 11:11 am
Second, amidst all the talk of the leak-proof Supreme Court, I was surprised to see David Bernstein's speculation that back in May "there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate. [read post]
29 Jun 2012, 9:27 am
"There has been tons of speculation in the last day that Chief Justice Roberts changed his vote at some late stage in the Affordable Care Act case," writes Orin Kerr, linking to his Volokh co-blogger David Bernstein's 2 posts on the tantalizing meme. [read post]
29 Jun 2012, 9:19 am
Update: More on this from David Bernstein. [read post]
28 Jun 2012, 1:37 pm
Mike Dorf here Jonathan Adler here Tim Jost here Randy Barnett here Larry Solum here, here, here, and here Richard Epstein here David Bernstein here Laurence Tribe here Adam Winkler here Nicole Huberfeld here Rick Hills here Howard Wasserman here Alan Morrison here Tom Smith here Rick Hasen here [read post]
27 Jun 2012, 9:11 am
So – go be that Woodward or Bernstein. [read post]
26 Jun 2012, 10:38 am
Paul Bernstein, MD, J.D., Aurora St Luke’s Medical Center, Cardiovascular Diseases Dr. [read post]
18 Jun 2012, 5:51 pm
(David Bernstein) With regard to Jonathan’s post on Justice Scalia’s harsh words for Wickard, I’m not really surprised. [read post]
18 Jun 2012, 8:16 am
David Brodsky, a retired partner at Latham & Watkins, said electronic discovery had pushed the costs of going to trial up over the past decade. [read post]
14 Jun 2012, 6:01 pm
In “Electrifying America” (1990), David Nye reports that the tactic worked. [read post]
13 Jun 2012, 6:02 am
(David Bernstein) A new study of the American Jewish population in the New York metro area contains this stunning statistic: sixty-one percent of all Jewish children in the area live in Orthodox households. [read post]
12 Jun 2012, 10:19 am
Says lawprof David Bernstein — who's written a great book that covers the era of history in question: [Jill] Lepore writes, “In 1910, Taft appointed Hughes to the Supreme Court, where, as a champion of civil liberties, he often joined with Holmes in dissent. [read post]
12 Jun 2012, 5:29 am
(David Bernstein) The current issue of The New Yorker has an article by Jill Lepore on the history of the Supreme Court’s struggle for independence. [read post]
11 Jun 2012, 10:16 am
(David Bernstein) As noted previously on this blog, Democrats in Congress essentially ignored plausible constitutional objections to the ACA’s individual mandate, and therefore have only themselves to blame if the law is declared unconstitutional. [read post]
10 Jun 2012, 1:09 pm
” David Faigman, David Kaye, Michael Saks, Joseph Sanders, “How Good is Good Enough? [read post]
6 Jun 2012, 9:59 am
(David Bernstein) A few weeks ago, I stayed with my family at a Marriott hotel in Hershey, PA that had a small indoor pool. [read post]
6 Jun 2012, 7:51 am
(David Bernstein) Here’s a hypothetical that’s come up, and may be of interest to some of our academic readers. [read post]
6 Jun 2012, 6:37 am
At the “Daily Comment” blog of The New Yorker, Jeffrey Toobin reviews the central issues before the Court and discusses the possible implications of the Court’s decision for the upcoming presidential election, while at the Volokh Conspiracy David Bernstein responds to a post by Rob Weiner at Balkinization, arguing that the post “reflects the Whiggish (and incorrect) views that constitutional law has progressed in a linear fashion from the reactionary… [read post]
5 Jun 2012, 7:22 pm
(David Bernstein) Attorney Rob Weiner has a guest post over at Balkinization decrying challenges to the ACA. [read post]
4 Jun 2012, 6:39 am
(David Bernstein) One of my favorite blogs is Gary Leff’s travel blog, View from the Wing. [read post]
