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Texas argue that when Congress in 2017 reduced to zero the amount of the tax owed for failure to maintain insurance coverage, the construction used in NFIB was rendered unavailable, the meaning of “shall” changed to “must,” and this part of the ACA turned into an unconstitutional command.We think the challengers are incorrect.Notably, the California challengers are not faithful to the interpretive canon invoked by the Chief Justice in NFIB, to wit: “every… [read post]
8 Oct 2020, 6:30 am by Guest Blogger
Davis of Illinois and then-Chairman of the Subcommittee on Oversight, the late John Lewis of Georgia, issued a joint report. [read post]
14 Sep 2020, 9:01 pm by Vikram David Amar
How is a court to know when such a sequence reflects a good-faith effort at legislative experimentation, or a cynical effort to circumvent a manipulable test? [read post]
6 Sep 2020, 6:04 pm by Francis Pileggi
Under “prong one,” of Caremark, “a director may be held liable if she acts in bad faith in the sense that she made no good faith effort to ensure that the company had in place any system of controls. [read post]
21 Aug 2020, 3:00 am by Jim Sedor
National/Federal Biden Aides Headline DNC Fundraisers with Lobbyists Politico – Theodoric Meyer | Published: 8/13/2020 When Barack Obama won the Democratic presidential nomination in 2008, he barred the Democratic National Committee (DNC) from accepting contributions from lobbyists in an attempt to purge their influence from his future administration. [read post]
17 Aug 2020, 10:00 am by Guest Blogger
In short, the rule “in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterward,” which “continued to prevail under the Constitution as originally established,” was that aliens, while residing within a sovereign’s territory, “were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction” of that sovereign and therefore… [read post]
29 Jul 2020, 1:31 pm by Eugene Volokh
See Davis ("Only the people's elected representatives in the legislature are authorized to 'make an act a crime.'")…. [read post]
29 Jul 2020, 6:09 am by Nelson Tebbe
Lawrence Sager & Nelson Tebbe This fall, the Supreme Court will hear arguments in Fulton v. [read post]
5 Jul 2020, 9:10 am
I guess they're all ready to be one big happy family as long as their opponents disarm and go home and shut up.We want a clear and faithful defense of American history, and we want unity. [read post]
2 Jul 2020, 1:34 pm by umbrella
Our own Irina Davis represented the mother in that trial ad did so again during a recent hearing where costs were the issue being resolved. [read post]
2 Jul 2020, 1:34 pm by umbrella
Our own Irina Davis represented the mother in that trial ad did so again during a recent hearing where costs were the issue being resolved. [read post]