US Supreme Court  (Page 20)

What would Teddy say if Obamacare goes down?

Comments
Permalink
Posted by  ▪  Friday, March 30, 2012 at 9:58am 3/30/2012 at 9:58am

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 law, is like opening a time...

Read More...
 
 
 

The lifeboats are in the water at the Good Ship Obamacare Mandate

Comments
Permalink
Posted by  ▪  Thursday, March 29, 2012 at 12:40pm 3/29/2012 at 12:40pm

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 pressure on.  (added, see

Read More...
 
 
 

Obamacare Oral Argument, Day 2 – The Mandate

Comments
Permalink
Posted by  ▪  Tuesday, March 27, 2012 at 12:06pm 3/27/2012 at 12:06pm

Tom Goldstein at ScotusBlog has an interim report:

Based on the questions posed to Paul Clement, the lead attorney for the state challengers to the individual mandate, it appears that the mandate is in trouble.  It is not clear whether it will be struck down, but the questions that the conservative Justices...

Read More...
 
 
 

Obamacare Oral Argument – Day 1

Comments
Permalink
Posted by  ▪  Monday, March 26, 2012 at 12:13pm 3/26/2012 at 12:13pm

This morning was the first day of oral argument in the Supreme Court on challenges to Obamacare.  The audio should be available in a little while.

Today was the issue of the Anti-Injunction Act, which arguably would prohibit court involvement if the mandate were viewed as a tax (something the Obama administration...

Read More...
 
 
 

Little guys and gals win one

Comments
Permalink
Posted by  ▪  Wednesday, March 21, 2012 at 2:47pm 3/21/2012 at 2:47pm

in Supreme Court against EPA:

The Supreme Court on Wednesday unanimously ruled for an Idaho couple who have  been in a four-year battle with the Environmental Protection Agency over the...

Read More...
 
 
 

Risk of selecting a nominee before US Sup Ct rules on Obamacare mandate

Comments
Permalink
Posted by  ▪  Friday, March 16, 2012 at 2:01pm 3/16/2012 at 2:01pm

The U.S. Supreme Court hears argument starting March 26 on various aspects Obamacare, front and center the mandate.  A ruling is expected by the end of June.

Purity in opposing mandates is the reason to be of Rick Santorum’s campaign argument:  Mitt is tainted due to Romneycare, and Newt is tainted because he was...

Read More...
 
 
 

Dissenting Justices

Comments
Permalink
Posted by  ▪  Saturday, February 18, 2012 at 1:06pm 2/18/2012 at 1:06pm

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!

 
 
 

Supreme Court to take Obamacare case this term

Comments
Permalink
Posted by  ▪  Monday, November 14, 2011 at 10:07am 11/14/2011 at 10:07am

The Supreme Court has just announced that it will take the Obamacare litigation, meaning that a decision will be rendered on the individual mandate, if not the entire law, by the end of June.

As reported in

Read More...
 
 
 

If this doesn’t motivate you for November, Part 2

Comments
Permalink
Posted by  ▪  Sunday, October 30, 2011 at 9:45am 10/30/2011 at 9:45am

Sometimes the Editorial Board of The NY Times gets it right, even if for the wrong reasons, as in this editorial, The Court and the Next President:

When Chief Justice John Roberts Jr. beg...

Read More...
 
 
 

24 years ago today, Borking was born

Comments
Permalink
Posted by  ▪  Sunday, October 23, 2011 at 5:10pm 10/23/2011 at 5:10pm

24 years ago a new term was coined, “borking” or “to bork.”  It is a tactic in which Democrats still revel, except when they feel they are on the receiving end at which point they cry foul.

Borking is the complete politicization of the judicial nomination process, in which bad motives are...

Read More...
 
 
 

RI Gov. Linc Chafee gets to protect murderer from feds

Comments
Permalink
Posted by  ▪  Friday, October 14, 2011 at 8:37am 10/14/2011 at 8:37am

Back in June I posted about how RI Gov. Linc Chafee was refusing to turn Jason Wayne Pleau over to the feds because Pleau potentially was subject to the death penalty in connection with a murder committed on the steps of a federal bank.  The feds never indicated whether or not they would actually...

Read More...
 
 
 

Politically, Republicans cannot lose a 2012 Supreme Court ruling on Obamacare

Comments
Permalink
Posted by  ▪  Thursday, September 29, 2011 at 8:13am 9/29/2011 at 8:13am

The Obama administration has asked the U.S. Supreme Court to hear the 11th Circuit case which found the Obamacare mandate to be unconstitutional.

There is no absolute right to appeal to the Supreme Court in this case; the Court decides which cases it will take.  Dahlia Lithwick has a round up of...

Read More...
 
 
 

4th Circuit tosses Virginia Obamacare suit on “standing” grounds

Comments
Permalink
Posted by  ▪  Thursday, September 8, 2011 at 2:04pm 9/8/2011 at 2:04pm

The 4th Circuit has dismissed Virginia’s Obamacare mandate suit, which Virginia won in the District Court, on the ground that the Attorney General did not have “standing” to sue (meaning that he was not a person legally entitled to sue).

I haven’t seen the opinion yet, but here is the report:

President Obama...

Read More...
 
 
 

Clarence Thomas on verge of victory

Comments
Permalink
Posted by  ▪  Tuesday, August 30, 2011 at 11:52am 8/30/2011 at 11:52am

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 import...

Read More...
 
 
 

11th Circuit strikes down Obamacare mandate

Comments
Permalink
Posted by  ▪  Friday, August 12, 2011 at 1:18pm 8/12/2011 at 1:18pm

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...

Read More...
 
 
 

Saturday Night Card Game (Would this rewrite of Michigan Prop. 2 be constitutional?)

Comments
Permalink
Posted by  ▪  Saturday, July 2, 2011 at 5:45pm 7/2/2011 at 5:45pm

This is the latest in a series on the use of the race card for political gain:

The Sixth Circuit Court of Appeals issued a ruling on Friday holding that Michigan Proposal 2, which banned the use of racial and other preferences in...

Read More...
 
 
 

Kagan Should Recuse Herself As To Obamacare

Comments
Permalink
Posted by  ▪  Friday, May 27, 2011 at 1:03pm 5/27/2011 at 1:03pm

Several readers wrote to me asking me to post on this.  It certainly is worth noting, because Elena Kagan’s involvement or not in whatever Obamacare appeals make their way to the Supreme Court could make a difference.

Justice Kagan did not recuse herself from consideration of Virginia’s request for the Supreme Court to...

Read More...
 
 
 
Page 20 of 25« First...10...1819202122...Last »