Is Marbury v. Madison the Key to the Affordable Care Act?
A few days ago, I wrote on Slate how Marbury v. Madison might be the key to the Affordable Care Act. You can read it here.
28
Mar, 2012
25
Feb, 2011
The Chamber of Commerce: A Friend of the Court (and vice versa)
On Tuesday, the Supreme Court ruled that people who are injured or killed by the side effects of vaccines cannot sue vaccine manufacturers for alleged design defects. Another day, another victory in the Supreme Court for a business defendant—and another victory for preemption, the legal doctrine under which state law can be [...]
15
Dec, 2010
Health insurance mandates and facial challenges
Judge Henry Hudson’s recent decision striking down the central provision of the health insurance reform statute has gotten (pardon the pun) nearly universal coverage in the legal blogosphere. But I was struck by a section of the opinion that has received little notice: the passage early in his opinion in which Judge [...]
7
Oct, 2010
Professor Kagan, Justice Kagan, and Snyder v. Phelps
Yesterday’s argument in Snyder v. Phelps produced more than its share of intriguing story lines: two first-time Supreme Court oral advocates (including one representing her father), a spirited debate inside the courtroom, and an even more spirited demonstration outside. And, of course, there are the you-can’t-be-serious facts of the case: protesters holding [...]