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Constitution Tag

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...

Posted by William A. Jacobson on March 02, 2011 28 Comments

The U.S. Supreme Court, in an 8-1 ruling (Alito dissenting), ruled in favor of the right under the First Amendment for protesters from the Westboro Baptist Church to picket near the funerals of soldiers.Here is a key piece of the Opinion, written by Chief Justice...

Posted by William A. Jacobson on February 23, 2011 18 Comments

The decision by the the Department of Justice to refuse to defend the Defense of Marriage Act is a massive power grab by the Executive Branch.The Justice Department is tasked with representing the "government" is the broad sense in legal matters coming before the courts. ...

Posted by William A. Jacobson on February 23, 2011 56 Comments

That seems to be the import of the ruling by federal Judge Gladys Kessler in upholding the Obamacare mandate in a suit brought by a group of private plaintiffs in Mead v. Holder (pg. 45, emphasis mine):As previous Commerce Clause cases have all involved physical...

Posted by William A. Jacobson on February 13, 2011 29 Comments

Medical malpractice tort reform is one of those supposed remedies frequently mentioned as a cure to lowering health care costs.  Currently being debated is H.R. 5 (most recent mark up here) which would create a federal medical malpractice reform modeled on what has taken place...

Posted by William A. Jacobson on February 01, 2011 3 Comments

Thanks to readers Robin and Michael for the link :--------------------------------------------Related Posts:How Liberal Journalists Think Liberal Taxes ExplainedFeminism ExplainedMeet The Liberal Elite.Follow me on Twitter, Facebook, and YouTubeVisit the Legal Insurrection Shop on CafePress!...

Posted by William A. Jacobson on January 04, 2011 11 Comments

More dumbed-down talk about the Constitution from Tea Parties liberal columnists, this time Amanda Terkel (formerly of Think Progress) writing at HuffPo with the headline:Scalia: Women Don't Have Constitutional Protection Against Discrimination Gee, Scalia must hate women.Except that the headline is a good example of a...

Posted by William A. Jacobson on December 25, 2010 3 Comments

Imagine a place where legislators who had been thrown out of office hurried to pass legislation they knew would not pass once the new Congress was seated in order to defeat the will of the people as expressed in recent congressional elections.Such a thing could not...

Posted by William A. Jacobson on December 19, 2010 12 Comments

We have returned to the pre-Clinton policy of leaving it up to the military as to whether and on what terms servicemen and servicewomen may openly acknowledge same sex sexual orientation.  Contrary to popular media hype, repeal of the law does not itself require the...

Posted by William A. Jacobson on December 14, 2010 24 Comments

Prof. Orin Kerr, writing at Volokh Conspiracy, believes there is a glaring error in the decision by Judge Henry Hudson of the U.S. District Court in Virginia holding the health care mandate unconstitutional (italics in original, bold text mine):I’ve had a chance to read Judge Hudson’s...

Posted by William A. Jacobson on September 23, 2010 9 Comments

I have held off commenting on the GOP Pledge to America until I had a chance actually to read it, rather than press reports and punditry analysis.Now that I have read it, I'm in agreement with the approach, which amounts to A Thousand Points of...

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