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6 Oct 2010, 1:25 am
(Ilya Somin) In a recent post, co-blogger Orin Kerr outlines what has become the standard argument that the Obama health care plan’s individual mandate is authorized by the Necessary and Proper Clause. [read post]
4 Jun 2014, 5:37 am
At the WaPo Conspiracy, Orin Kerr wrote about a decision by Judge B. [read post]
15 Sep 2011, 2:31 am
Today's required reading is an op-ed in the Wall Street Journal by Orin Kerr: Imagine that President Obama could order the arrest of anyone who broke a promise on the Internet. [read post]
6 Oct 2010, 10:08 am
(Orin Kerr) I appreciate Ilya’s reply to my post on the constitutionality of the individual mandate. [read post]
1 Dec 2010, 7:04 pm
(Orin Kerr) Virginia Code § 46.2–859, Passing A Stopped School Bus, states, with the key section in bold: A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children. [read post]
3 Apr 2012, 2:20 pm
(Orin Kerr) No, it’s not The Onion — apparently this actually happened. [read post]
5 Aug 2010, 9:35 am
(Orin Kerr) Over at CoOp, Dave Hoffman has more on the relative importance of the facts in Perry: [T]here are facts, and then there are constitutional facts. [read post]
2 Apr 2012, 11:29 pm
(Orin Kerr) In a press conference today with the President of Mexico and the Prime Minister of Canada, President Obama was asked the following question by a reporter: After last week’s arguments at the Supreme Court, many experts believe that there could be a majority, a five-member majority, to strike down the individual mandate. [read post]
1 Feb 2012, 9:45 pm
(Orin Kerr) FoxNews.com reports that legal experts are divided on whether United States v. [read post]
7 Feb 2011, 11:06 pm
(Orin Kerr) Over at CoOp, Dave Hoffman points to a new paper, “They Saw a Protest”: Cognitive Illiberalism and the Speech-Conduct Distinction, by the folks at Yale’s Cultural Cognition Project — Dan Kahan, Dave, my colleague Don Braman, Danieli Evans, and Jeffrey Rachlinski. [read post]
4 Aug 2010, 8:54 pm
(Orin Kerr) I’m sure some people have thought a lot about this issue, and I hope they’ll bear with me as I pose an amateurish question: Should it matter to the constitutionality of Prop 8 that it was passed as part of a ballot initiative that restored preexisting law? [read post]
16 Sep 2011, 10:29 am
(Orin Kerr) For those interested in the case of my plagiarized op-ed, it seems to have jumped from the San Francisco Chronicle (where it was alleged to have been written by “Patrick Harvard,” a writer at Benzinga.com, but it has just been taken down) to Yahoo News and Forbes.com, where it is now allegedly written by Jason Raznick:Should Lying About Your Age On The Internet Be A Felony? [read post]
1 May 2010, 4:36 pm
(Orin Kerr) Like Eugene, I received an e-mail recently from a student who will be a 1L at Harvard Law School this fall. [read post]
9 Jan 2012, 10:58 am
(Orin Kerr) The Ninth Circuit panel: Pregerson, Paez, and a district judge sitting by designation. [read post]
15 Jul 2012, 11:43 pm
(Orin Kerr) Tony Mauro and Marcia Coyle have have an interesting story that includes comments from unnamed Justices about how the Justices might get along after NFIB v. [read post]
27 Mar 2012, 10:33 am
(Orin Kerr) Reading the tea leaves of Justice Kennedy’s questions in the transcript of this morning’s argument, Kennedy seems to be of the view that requiring a mandate under the Commerce Clause requires a “heavy burden of justification,” and that his major question is whether the uniqueness of the health care market satisfies that heavy burden. [read post]
14 Oct 2010, 3:12 pm
(Orin Kerr) Congratulations to Randy Barnett in particular for the new Florida decision refusing to dismiss the challenge to the individual mandate. [read post]
21 Dec 2010, 11:21 pm
(Orin Kerr) So holds a state court in People v. [read post]
15 Nov 2010, 7:50 pm
(Orin Kerr) Some airports have begun using backscatter x-ray and millimeter-wave technology scanners to look for weapons and explosive devices on passengers to stop terrorist attacks. [read post]
9 Feb 2011, 9:04 am
(Orin Kerr) The petition is here. [read post]
