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US Supreme Court Tag

Posted by William A. Jacobson on July 01, 2012 33 Comments

Via @DrMartyFox: Via Newsbusters: And the laughs continue: Obama Budget chief Jack Lew refuses under intense Chris Wallace grilling to admit Obamacare funding mechanism is a tax. Telling.— Brit Hume (@Kimsfirst) July 1, 2012 ...

Posted by William A. Jacobson on June 30, 2012 88 Comments

There's not much I can add to what I have already said about the unreality of the reaction to the Obamacare decision by the conservative silver lining crowd. A growing chorus understands. John Yoo: Conservatives are scrambling to salvage something from the decision of their once-great judicial hero...

Posted by William A. Jacobson on June 29, 2012 58 Comments

I have expressed my frustration with those who see some salvation in the supposed advancement of constitutional federalism in the ruling by Chief Justice Roberts and the four conservative dissenters that the Commerce and Necessary and Proper Clauses did not justify forcing people into commerce. Those...

Posted by William A. Jacobson on June 29, 2012 50 Comments

The self-delusion that yesterday's affirmation of Obamacare's mandate under the taxing power of Congress was a conservative victory continues in full force today.  (See links and quotes at HotAir and Instapundit) Judicial restraint now means ignoring the will of Congress as to the purposes and structure...

Posted by William A. Jacobson on June 28, 2012 70 Comments

Makes many of the points I made today, including rejecting the delusion that this was a victory: ...

Posted by William A. Jacobson on June 28, 2012 143 Comments

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...

Posted by William A. Jacobson on June 28, 2012 71 Comments

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...

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 28, 2012 109 Comments

Was Scalia’s Dissent Originally a Majority Opinion? Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around...

Posted by William A. Jacobson on June 28, 2012 9 Comments

... Dread (I'm already preparing Pep Talk IV)...

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 57 Comments

Drudge ran a classic headline today regarding the decision of the Department of Homeland Security to suspend all existing cooperation agreements with Arizona in light of the Supreme Court's unanimous upholding of §2(B), permitting authorities to check the immigration status of persons otherwise lawfully detained: While...

Posted by William A. Jacobson on June 25, 2012 80 Comments

The Supreme Court decided the Arizona immigration law, S.B. 1070.  Justice Kennedy wrote the majority opinion. The Court struck the provisions dealing with state criminal penalties and other provisions which imposed procedural requirements on illegals in the state.  Among the provisions the Court struck is the...

Posted by William A. Jacobson on June 25, 2012 18 Comments

You can check out the live action at ScotusBlog's live feed.  The Supreme Court's opinion page updates with new opinions not long after announced in court. If either of the two biggies come down, I'll create a separate post. Updates:  Montana campaign case summarily reversed. Case might...

Posted by William A. Jacobson on June 24, 2012 13 Comments

It's gone from the headlines and the news reports. Whatever happens this week, one footnote may be whether Elena Kagan should have recused herself on the Obamacare case as she did on the Arizona immigration case. Via Judicial Watch on March 22, 2012: Judicial Watch, the nation’s largest government watchdog group,...

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