Edward Hartnett at Concurring Opinions considered Justice Anthony Kennedy as the particular target of the argument and briefing by anti-ACA advocate Paul Clement: "Paul Clement and Justice Kennedy"  Tom Smith of The Right Coast perceives the ACA structure as "An insurance scheme that is not insurance paid for by penalties that are not penalties"  A related link, via the Twitter: RT @APribetic RT @carlgardner Written constitutions: a… [read post]

" Seton Hall Law Professor Edward Hartnett, less critical of the decision, argues in his recent paper (here) that Twobley and Iqbal can and should be "tamed. [read post]

(Will Baude) Yesterday I posted the amicus brief that I and a group of constitutional law scholars filed in the Court’s recess appointments case, Noel Canning. [read post]