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Posted by William A. Jacobson on June 29, 2012 58 Comments

I have expressed my frustration with those who see some salvation in the supposed advancement of constitutional federalism in the ruling by Chief Justice Roberts and the four conservative dissenters that the Commerce and Necessary and Proper Clauses did not justify forcing people into commerce. Those...

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Posted by William A. Jacobson on June 29, 2012 27 Comments

We all know about the sexual assault on Lara Logan during celebrations over Mubarak's resignation, see my post It Could Happen Anywhere, But It Happened There.  There also were the cases of the French journalist Caroline Sinz and US-Egyptian journalist Mona Eltahawy assaulted in Tahrir Square, see...

Posted by Anne Segal on June 29, 2012 33 Comments

Today the RNC released a t.v. ad hitting Obama on his denials that Obamacare is a tax: Hot Air writes: This is probably the best attack that Republicans and Mitt Romney can muster from yesterday’s defeat — and it’s likely to be effective.  Whatever boost Obama gets...

Posted by Anne Segal on June 29, 2012 24 Comments

The Obamacare ruling has implications beyond those affecting policy and judicial precedent; the Supreme Court decision allows Obama to claim the total success of his far-Left ideology, with a stamp of approval that goes all the way up to the Supreme Court. Why is that so...

Posted by William A. Jacobson on June 29, 2012 24 Comments

When it comes to the House, Republicans don't need a wave.  Via Charlie Cook: One might have expected that two years after Republicans picked up 63 House seats—the biggest gain in a midterm election since 1938—Democrats would be on track to win back a boatload of those...

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Posted by William A. Jacobson on June 29, 2012 50 Comments

The self-delusion that yesterday's affirmation of Obamacare's mandate under the taxing power of Congress was a conservative victory continues in full force today.  (See links and quotes at HotAir and Instapundit) Judicial restraint now means ignoring the will of Congress as to the purposes and structure...

Posted by Anne Segal on June 29, 2012 22 Comments

President Obama tweeted out a link to a t-shirt for sale on his campaign website Thursday evening: Still a BFD: OFA.BO/ayPgAZ— Barack Obama (@BarackObama) June 29, 2012 The t-shirt reads, "Health Care Reform: Still a BFD," and is being sold for $30. "BFD" stands for "Big F--ing...

Posted by William A. Jacobson on June 28, 2012 70 Comments

Makes many of the points I made today, including rejecting the delusion that this was a victory: ...

Posted by William A. Jacobson on June 28, 2012 143 Comments

Some well-meaning people are peddling the notion that today's Obamacare decision was a long term victory, that we lost the battle but won the war, that there was some master plan by Chief Justice Roberts to gut the expansion of Commerce Clause power under the...

Posted by William A. Jacobson on June 28, 2012 71 Comments

The most disturbing thing about today's decision is not that we lost on the mandate. The majority opinion on the Commerce Clause (the Chief Justice plus the conservative dissenters) was quite good, and vindicated those who mounted an argument as to "inactivity" to the derision...

Posted by Anne Segal on June 28, 2012 14 Comments

The Dow Jones dropped nearly 100 points in the hour after the Supreme Court Obamacare decisions were announced, just after 10am. It dipped to 12,462 at its lowest point after having begun the day at 12,626.  ...

Posted by William A. Jacobson on June 28, 2012 41 Comments

On August 14, 2009, I tried to sound the alarm as to where Democrats' health care proposals were heading. At that time I was dealing with the precursors to what became Obamacare.  The congressional language distinguishing the mandate as a penalty and the political arguments that...

Posted by William A. Jacobson on June 28, 2012 57 Comments

Romney's statement: Obama lied to the American people. Again. He said it wasn't a tax. Obama lies; freedom dies.— Sarah Palin (@SarahPalinUSA) June 28, 2012 Not taking Congress at its word on penalty is the new judicial restraint #SCOTUSlogic— Legal Insurrection (@LegInsurrection) June 28, 2012 SCOTUS to POTUS:...

Posted by William A. Jacobson on June 28, 2012 198 Comments

Consider this Pep Talk IV. Was it over when Harry Reid pushed Obamacare through at Christmas time in December 2009? Not when voters took to the voting booth and elected Scott Brown. Was it over when Nancy Pelosi and House Democrats were forced to accept the Senate version...

Posted by William A. Jacobson on June 28, 2012 109 Comments

Was Scalia’s Dissent Originally a Majority Opinion? Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around...

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