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18 Jun 2013, 6:42 am by Guest Blogger
  The key examples of the latter, of course, are Hammer v. [read post]
17 Oct 2010, 11:11 am by Randy Barnett
(Randy Barnett) In an earlier post, Orin compares the current challenges to the constitutionality of the individual insurance mandate to debates on this blog over the case of McDonald v. [read post]
12 May 2011, 11:23 am by Orin Kerr
As a result, if the Supreme Court adopts the activity/inactivity distinction, it seems likely that future Congresses will use whatever hook the Supreme Court says is required — and not one iota more — to make sure their laws pass judicial muster.We saw this with Congress’s reaction to United States v. [read post]
17 Jan 2008, 6:00 am
Barry Barnett of Blawgletter has an interesting post on some of the practical ramifications of the case. [read post]
11 Feb 2011, 10:01 pm by Randy Barnett
[I stressed that this was what President Jackson did when he vetoed the renewal of the second national bank after the Court had upheld it as constitutional in McCulloch v. [read post]
7 Mar 2015, 10:15 am
Like Randy Barnett, I don’t have any strong opinion on the statutory interpretation issues that are at the heart of this case. [read post]