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US Supreme Court Tag

Posted by William A. Jacobson on April 03, 2012 38 Comments

The normally supportive commentariat is not happy, for a variety of reasons: My law school classmate Ruth Marcus, WaPo, Obama’s unsettling attack on the Supreme Court: "I would lament a ruling striking down the individual mandate, but I would not denounce it as conservative justices run...

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 April 02, 2012 39 Comments

There's pretty much doom and gloom all the time in the right blogosphere. Most of the bloggers I follow are having a hard time staying away from sharp objects as we glance towards November and the possibility of the teflon president tefloning his way towards a tefloned...

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 27, 2012 57 Comments

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...

Posted by William A. Jacobson on March 26, 2012 19 Comments

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...

Posted by William A. Jacobson on March 21, 2012 22 Comments

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 government’s claim that the land on which they plan to build a home contains sensitive wetlands. The decision...

Posted by William A. Jacobson on March 16, 2012 25 Comments

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...

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 November 14, 2011 27 Comments

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 USA Today: The Supeme court said today it will hear...

Posted by William A. Jacobson on October 30, 2011 12 Comments

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. began the new Supreme Court term by congratulating Antonin Scalia on his 25th...

Posted by William A. Jacobson on October 23, 2011 15 Comments

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...

Posted by William A. Jacobson on October 14, 2011 7 Comments

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...

Posted by William A. Jacobson on September 08, 2011 13 Comments

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,...

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 ...

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