Wong Kim Ark, (Political Theology (2022, Forthcoming).Kyle Velte, The Precarity of Justice Kennedy's Queer Canon, (13 ConLawNOW 75 (2022)).Beatrice Jessie Hill, Look Who's Talking: Conscience, Complicity, and Compelled Speech, (97 Indiana Law Journal 913 (2022)).Rachel Morrison, Gender Identity Policy Under the Biden Administration, (23 Federalist Society Review 85 (2022)).Ken Levy & Jody Lynee Madeira, Sophistry at the Supreme Court, (The… [read post]

Second, it is pretty much universally believed (see, for example, Jessie's recent post), so far as I can tell, that the Chief Justice's argument that the mandate may be regarded, for constitutional purposes, as a "tax" -- not because it obviously is one but in order to save a major statute enacted by the Congress and signed by the President -- is glaringly unconvincing, and that the Chief embraced this argument for "political" reasons. [read post]