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2 Sep 2011, 1:06 pm
(Orin Kerr) The challengers to the constitutionality of the Affordable Care Act often argue that the Affordable Care Act is “unprecedented” — and therefore particularly suspect — because it uses the Commerce Clause to try to regulate inactivity. [read post]
30 Aug 2011, 4:43 pm
(Orin Kerr) Many thanks to Timothy Groseclose for confirming that I understand the basic methodology of the paper underlying his book. [read post]
8 Feb 2012, 11:05 am
(Orin Kerr) Reading the blog and media reaction to Judge Reinhardt’s opinion for the Ninth Circuit in Perry v. [read post]
18 May 2007, 9:04 am
., Orin Kerr) focused on the propriety of a judge turning his job into a forum for self-promotion. [read post]
26 Jul 2012, 6:16 pm
(Orin Kerr) In a recent district court case, United States v. [read post]
8 Nov 2010, 3:05 pm
(Orin Kerr) The results of the reader poll on how cell phones work were quite startling: With over 1,600 votes cast, the results indicated that 95% of those who answered the poll know that cell providers get location information. [read post]
4 Oct 2010, 4:55 pm
(Orin Kerr) DOJ’s cert petition in United States v. [read post]
31 Jan 2012, 3:26 pm
(Orin Kerr) I posted a reader poll yesterday on the video of the U.S. [read post]
1 May 2012, 9:08 pm
(Orin Kerr) I think the most interesting commentary so far on the Elizabeth-Warren-Native-American kerfuffle has been Brian Leiter’s. [read post]
5 Apr 2012, 1:48 pm
(Orin Kerr) This morning I appeared on the NPR radio program “On Point with Tom Ashbrook” to discuss the Supreme Court’s recent 5-4 Fourth Amendment case on strip searches, Florence v. [read post]
25 Aug 2011, 9:16 am
(Orin Kerr) GW Law School (where I teach) recently sent an e-mail to its alumni asking for their views of what elective courses they now wish they had taken in law school, and also which elective courses they took that have proved most useful to them. [read post]
6 Jan 2012, 3:26 pm
(Orin Kerr) The brief is here, and it strikes me as significantly better than the briefs that DOJ was filing in the early mandate cases. [read post]
13 May 2010, 11:10 pm
(Orin Kerr) A lot of people have noted that if Elena Kagan is confirmed to replace Justice Stevens, the Supreme Court will have no Protestants for the first time. [read post]
28 Dec 2010, 11:09 am
(Orin Kerr) One of the interesting arguments raised in the litigation over the individual mandate is whether courts should adopt a new activity/inactivity distinction in Commerce Clause doctrine. [read post]
14 Jan 2007, 2:54 pm
As Orin Kerr says, the piece is a must-read for anyone interested in the work of the Supreme Court. [read post]
19 Dec 2010, 10:23 pm
(Orin Kerr) Adam Liptak has an article in the New York Times which is a variation on the “rise of the specialized Supreme Court bar” story — in this case, focusing on the role of the specialized Supreme Court bar in representing business interests before the Supreme Court. [read post]
17 Oct 2011, 12:25 pm
(Orin Kerr) The Ninth Circuit handed down a divided en banc decision today in the consolidated cases of Brooks v. [read post]
3 Oct 2014, 5:34 am
No, not a post of puppy pics (sorry), but a question that’s been floating around since I read Orin Kerr’s post about the Supreme Court’s grant of cert in Rodriguez v. [read post]
17 Dec 2010, 3:15 pm
(Orin Kerr) One of the popular hypotheticals used in public debates over the individual mandate is the “Buy GM” hypo. [read post]
3 Mar 2011, 4:41 pm
(Orin Kerr) When Judge Vinson entered his ruling holding that the mandate was unconstitutional, it left the federal government in a somewhat uncertain position. [read post]
