I keep reading about this incident , invariably with the focus on the Chief's demeanor, causing me to suspect that the press is covering...
I keep reading about this incident , invariably with the focus on the Chief's demeanor, causing me to suspect that the press is covering...
I explain why the answer is probably no, and that if it were yes, it would hurt the GOP: This clip begins with an explanation of what Chief ...
Reading this article last night, I guessed that one of Crawford's sources was Justice Kennedy and that Chief Justice Roberts shifted h...
"All of a sudden he is a chessmaster, a statesman, a Burkean minimalist, a battle-loser but war-winner, a Daniel Webster for our times....
The CBS reporter heard from "two sources with specific knowledge of the deliberations." Chief Justice John Roberts initially sided...
This is an important opinion about federalism and the scope of Congress's enumerated powers. Even as the individual mandate was upheld u...
Ilya Somin describes and refutes arguments based on enhancing the Court's "legitimacy," avoiding the appearance of "part...
"... and Harvard Law professor Elhauge’s poor legal research/analytical skills, I’m beginning to really doubt the value of a Harvard La...
Lawprof Andrew Koppleman endeavors to tug the heartstrings of New Republic readers until they think so: What the Court actually accomplished...
And 54% favor repeal. Presumably, that's repeal if the Supreme Court doesn't strike down the law, and 54% expect the Supreme Court ...
1. Justice Alito asks Solicitor General Verrilli if he could state "as succinctly as possible" a "limiting principle" on...
Tom Goldstein, mid-argument : It is essentially clear that the four more liberal members of the Court will vote in favor of the mandate. But...
This is the question most people have focused on: Does Congress have an enumerated power to regulate individuals who fail to buy health ins...
"The second is that the court could strike it down anyway.... The law is a completely valid exercise of Congress' Commerce Clause p...
Writes TNR's Jonathan Cohn setting up a discussion of whether this year's big Obamacare decision will be the new case of the centur...
Here is a man who has — as I read this truly fascinating article — devoted himself to sperm donation for altruistic, religious reasons. He ...
That's the Wall Street Journal's preferred interpretation. The "constitutionality" of the Obama health care law, Harvard L...
Oral argument should be in March, with a decision by the end of the term , in time to have a massive impact on the presidential campaign. As...
Mickey Kaus says: If the law is as unpopular as it seems to be, and if the individual mandate is “the most hated piece of the law,” then th...