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US Supreme Court Tag

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 ...

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 May 27, 2011 6 Comments

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...

Posted by William A. Jacobson on May 26, 2011 1 Comment

The U.S. Supreme Court upheld an Arizona law requiring employers to use the federal E-Verify system.Everyone is wondering how this reflects on a future ruling as to Arizona's immigration law which was struck down in a decision by both the Arizona District Court and the...

Posted by William A. Jacobson on April 25, 2011 4 Comments

ScotusBlog is reporting that the U.S. Supreme Court, without any dissents noted, has passed on the application of the State of Virginia for expedited review of the case now on appeal to the 4th Circuit.  The District Court in Virginia had ruled the health care mandate...

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