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US Supreme Court Tag

Posted by William A. Jacobson on June 22, 2012 43 Comments

A long while ago I expressed that Obama lost the Obamacare litigation politically the moment the Supreme Court decided to take the case on a track to render a decision before the election.  (Can't find the post, help!)[see Update] My view was that a total legal victory would...

Posted by William A. Jacobson on June 21, 2012 50 Comments

Richard Mourdock's campaign had an operational failure by uploading a video about the Supreme Court overturning Obamacare.   The campaign also uploaded other versions depending on outcome. That's an embarrassment, but really, who has not come close to that? You mean to tell me the newspapers don't have...

Posted by William A. Jacobson on April 24, 2012 8 Comments

SB 1070, the Arizona immigration law, is on for oral argument tomorrow at the U.S. Supreme Court.  Justice Elena Kagan recused herself.  If there is a 4-4 split, the 9th Circuit decision enjoining key part of the law stands. My prior posts for some background: Arizona Law...

Posted by William A. Jacobson on April 09, 2012 18 Comments

for us. Rasmussen Reports, Supreme Court’s Ratings Jump Following Health Care Hearings: Just before the highly publicized hearing on the constitutionality of President Obama’s health care law, ratings for the U.S. Supreme Court had fallen to the lowest level ever measured by Rasmussen Reports. Now, following the...

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...

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