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Constitution Tag

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...

Posted by William A. Jacobson on August 02, 2011 40 Comments

One of the great unwritten stories of the damage to the economy from team Obama is the relentless attempt to regulate areas that have not previously been regulated. The health care mandate received a lot of attention and breaks new ground, but there are countless other...

Posted by William A. Jacobson on July 21, 2011 56 Comments

I told you so: Once society decides that one-man, one-woman no longer is the “arbitrary” standard, on what rational basis do we stop at one-and-one? Jonathan Turley in The New York Times, One Big, Happy Polygamous Family: ...

Posted by William A. Jacobson on April 20, 2011 9 Comments

Via Prof. Bainbridge:Not again.  How could he? --------------------------------------------Follow me on Twitter, Facebook, and YouTubeVisit the Legal Insurrection Shop on CafePress!...

Posted by William A. Jacobson on April 02, 2011 16 Comments

The Citizens United case weighs very, very heavily on their minds and their bumpers.Spotted in Ithaca today:--------------------------------------------Related Posts:Bumper Stickers - The SeriesFollow me on Twitter, Facebook, and YouTubeVisit the Legal Insurrection Shop on CafePress!...

Posted by William A. Jacobson on March 22, 2011 12 Comments

.... for the attacks on Libya sounds an awful lot like his explanation of why the health care mandate is constitutional.Just as the Obama administration tied the decision of an individual not to purchase health care insurance, through a series of connections and chains of causation, to...

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