Constitution Tag

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...

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...

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...

where will we be? Big day here. Will create an "open" post somewhere around 9:30 a.m. waiting to find out if the Supreme Court Kremlinologists have been right. Or not. Then will follow up with a post detailing my take on the decision. Followed by the House vote to hold...

Your vote counts, so we will count every vote!...

The challenge to the Obamacare mandate, long dismissed by the legal establishment and media as frivolous and almost unworthy of serious consideration, is on the cusp of victory at the Supreme Court. Credit a few lone legal voices, including at Volokh Conspiracy, with keeping the intellectual...