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15 Dec 2010, 1:13 pm by Orin Kerr
If you take that view, then once you have analyzed the individual mandate under existing Commerce Clause doctrine, you’re basically done: There is no more added power under the Necessary and Proper Clause, as the Lopez test has already factored in that power. [read post]
20 Dec 2020, 4:30 am by David Oscar Markus
Andrea Lopez and Sam Rabin then took on the case with the unenviable task of filing a motion for reconsideration.They were successful: Judge Altonaga found that potential legal flaws with Mr. [read post]
29 Jun 2011, 10:47 am
Court of Appeals for the Sixth Circuit has issued its ruling in Thomas More Law Center v. [read post]
16 Nov 2016, 6:32 am
Lopez, 514 U.S. 549, 558 (1995).The CAFC observed that its prior rulings in "use in commerce" cases reflect the broad scope of Congress’s Commerce Clause powers. [read post]
20 Apr 2007, 4:22 am
The two most enlightening ones are his concurrence in US v Lopez and his dissent in Gonzales v Raich. [read post]