In light of the Obama administration's decision not to seek an en banc rehearing of the 11th Circuit's ruling that the ACA is unconstitutional, there has been some good stuff written about the possibility that the Supreme Court will duck the issue with a jurisdictional...
ACA
Neither majority decided on the merits; they were rejected on standing and ripeness grounds, respectively. Much more about this later, although for know I'll say that I was happy to.
It's a bit of an upset, but good to see the 6CA panel do the right thing. It should be noted that while both majority opinions do an excellent job.
I cited it in my Prospect piece yesterday, but for people interested in the history of the Commerce Clause, I strongly recommend Jack Balkin's forthcoming article. I would add the caveat that I don't think that Balkin's liberal originalism overcomes the objections I have to...
I have an article up at the Prospect on the hot new trend in arguments that policies that Republicans supported until Obama started supporting them represent a massive threat to.
Laurence Tribe has an interesting piece in today's NYT about how the SCOTUS should and apparently therefore will deal with the constitutionality of the ACA. The piece is interesting not.
Group A: People who argue that the individual mandate in the ACA is unconstitutional because it must be unconstitutional to force people to "purchase a private product" irrespective of its effect on interstate commerce. Group B: People who strongly support gutting Social Security and replacing...
Having discussed the limitations of positivist political science, I attempt to figure it out using my highly sophisticated "educated guess" method. Although it's a "sovereign immunity" case and not a.
I have some thoughts about what the Supreme Court's refusal to grant cert in a commerce clause case (with an angry dissent from Thomas) might mean for the constitutionality of.