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17 Mar 2015, 4:35 pm
I’ve previously noted that the federalism arguments deployed on behalf of the IRS rule authorizing tax credits on federal exchanges have the potential to disrupt other federal programs if adopted by the Supreme Court in King v. [read post]
16 Mar 2015, 6:35 am
Christine Todd Whitman, former EPA administrator, file photo , May 17, 2010. [read post]
5 Mar 2015, 3:31 pm
The challengers, supported by careful work by scholars Jonathan Adler and Michael Cannon, contended that the Senate (whose bill was adopted) had a strong preference for state-run exchanges rather than federally-run exchanges; however, under federal constitutional principles (the “anti-commandeering principle”), the federal government could not require states to establish such exchanges. [read post]
5 Mar 2015, 11:10 am
Supreme Court Justice Anthony Kennedy (AP Photo/Matt Slocum, 2013file photo) As I noted on Wednesday, Justice Anthony Kennedy expressed little sympathy for the federal government’s textual arguments in King v. [read post]
4 Mar 2015, 8:28 pm
In Thursday’s Wall Street Journal, Oklahoma Attorney General Scott Pruitt addresses the federalism concerns raised by Justice Kennedy at oral argument in King v. [read post]
4 Mar 2015, 8:28 pm
Now that I’m back on Ohio, here are some additional thoughts and observations about today’s oral argument in King v. [read post]
4 Mar 2015, 2:20 pm
This morning, the Supreme Court heard oral argument in King v. [read post]
3 Mar 2015, 7:23 pm
On Wednesday, March 4, the Supreme Court hears oral argument in the third Obamacare case to reach One First Street, King v. [read post]
3 Mar 2015, 8:58 am
Over 30 amicus briefs were filed in support of the government’s position in King v. [read post]
1 Mar 2015, 12:18 pm
The federal government makes a series of arguments in defense of the IRS rule authorizing tax credits for the purchase of insurance in exchanges established by the federal government, textual and otherwise. [read post]
1 Mar 2015, 10:10 am
Ideological activists sought to advance their political aims through strategic litigation against a governmental initiative they opposed. [read post]
28 Feb 2015, 9:18 am
Northwestern law professor Stephen Calbresi and Brown University student Justin Braga have posted a review and reply to Bruce Allen Murphy’s book on Justice Antonin Scalia, A Court of One. [read post]
27 Feb 2015, 3:51 pm
If you were a judge, would you threaten to hold people in contempt of court because of things they said about you in private conversations? [read post]
27 Feb 2015, 8:16 am
Pedro Rojas holds a sign directing people to an insurance company where they can sign up for the Affordable Care Act, also known as Obamacare, in Miami earlier this month. [read post]
26 Feb 2015, 6:40 pm
Today I was in Washington, D.C. to participate in a Federalist Society panel on King v. [read post]
24 Feb 2015, 7:58 am
In 2013, several attorneys and activist groups filed a complaint against Judge Edith Jones of the U.S. [read post]
24 Feb 2015, 6:26 am
The University of Pennsylvania Law Review Online has posted the opening essays in my debate on King v. [read post]