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Constitution Tag

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 27, 2012 73 Comments

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...

Posted by William A. Jacobson on June 25, 2012 12 Comments

Via Patterico (h/t Instapundit and readers): Aaron tells me by phone that the word is Judge Rupp signed the order, modifying the peace order against Aaron to let him speak publicly about Kimberlin. P.S. There is a very interesting aspect of Kimberlin’s response that I will be...

Posted by William A. Jacobson on May 01, 2012 42 Comments

This video, via The NY Sun, is brutal, as Kathleen Sebelius is taken to school by Trey Gowdy (R-SC): An account of the hearing was issued by the Catholic News Agency. It’s almost painful to read. The secretary admits she was unaware of legal precedents confirming...

Posted by William A. Jacobson on April 02, 2012 57 Comments

Aw, a bunch of unelected judges may have a different view of the Constitution than Barack Obama, and may overturn a law passed by Congress. That never has happened before. The thing is, those judges may not be elected, and may not have any divisions. But they have...

Posted by William A. Jacobson on March 31, 2012 4 Comments

On March 28, 2012, I was a guest of Mark Carbonaro Show on KION 1460 AM in Salinas, CA, talking about the Supreme Court oral arguments in the Obamacare litigation. Total time was about 25 minutes, the audio is broken down into two parts. ...

Posted by William A. Jacobson on March 30, 2012 22 Comments

I'm not predicting that the mandate or the entirety of Obamacare will go down at the Supreme Court.  But based on the oral arguments, those who support the law are in a state of panic. Digging back into Memeorandum from March 23, 2010, when Obamacare was signed into...

Posted by William A. Jacobson on March 29, 2012 108 Comments

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...

Posted by William A. Jacobson on March 23, 2012 30 Comments

Two years ago today Obamacare was signed into law: Mr. Obama signed the measure, the Patient Protection and Affordable Care Act, during a festive and at times raucous ceremony in the East Room of the White House. He spoke to an audience of nearly 300, including...

Posted by William A. Jacobson on March 03, 2012 61 Comments

Two hundred fifty Georgetown University Law Center (the name of the law school) faculty, staff and students signed the following statement: The undersigned faculty members, administrators and students of Georgetown University Law Center and other law schools strongly condemn the recent personal attacks on our student, Sandra...

Posted by William A. Jacobson on February 18, 2012 17 Comments

Breaking News -- two Supreme Court Justices who voted against the Citizens United decision now believe the decision should be reconsidered. It is headline worthy at WaPo: In other news, Water is Wet!...

Posted by William A. Jacobson on January 04, 2012 53 Comments

Obama's recess appointment of Richard Cordray to the new Consumer Financial Protection Bureau correctly is portrayed as a naked power grab. First, the Senate is not in recess.  Harry Reid and other Democrats in the past treated the current Senate pro forma business status as not being...

Posted by William A. Jacobson on September 30, 2011 39 Comments

From David Dayen at Firedoglake: We’ll hear this was necessary because of Awlaki’s operational role, and his part played in the Fort Hood massacre and the Christmas Day bombing attempt.  In reality, many experts saw Awlaki as a public figurehead, a man who could speak in...

Posted by William A. Jacobson on August 30, 2011 15 Comments

That's a theme in a very worthwhile article about Thomas written by Jeffrey Toobin in The New Yorker: These tempests obscure a larger truth about Thomas: that this year has also  been, for him, a moment of triumph. In several of the most important areas of ...

Posted by William A. Jacobson on August 12, 2011 46 Comments

This is the big case involving 26 states.  In January, Judge Roger Vinson struck the entire law finding that the mandate could not be severed from the rest of the law. The 11th Circuit ruled that the mandate was unconstitutional, but unlike Judge Vinson, did not throw...

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