Legal minds on legal matters and whatever else strikes our fancy.
I spoke this morning with Armstrong & Getty about President Obama’s comments about the judiciary’s power to strike down laws as unconstitutional. You can listen here. I think the whole thing is a tempest in a teapot. No doubt President Obama was wrong to say that his health care overhaul was “passed by a strong [...]
Professor Orin Kerr at the Volokh Conspiracy draws an interesting comparison between the Supreme Court confronting the constitutionality of President Obama's healthcare law and President Bush's law removing habeas corpus from terror suspects. Professor Kerr writes: If the Court does end up striking down the mandate, this will be the second consecutive presidency in which [...]
If one had listened to the legal academy, outside of Professor Randy Barnett, one would think that the challenge to the Affordable Care Act was not only silly, but frivolous. That is what I repeatedly read over the two years leading up to the Supreme Court's oral arguments (and even after them). As someone who [...]
Brief for Petitioner in Kloeckner v. Solis, No. 11-184, filed on March 28, 2012. Brief on the Merits for Petitioner in Johnson v. Williams, No. 11-465, filed on March 28, 2012.
The Legal Writing Pro, Ross Guberman, sent me this great PDF (you can find it here), where he dissects the Solicitor General's merits brief in the Affordable Care Act case. For those of you who do not know Ross, he is a legal writing master who instructs law school students, lawyers, and judges on how to [...]
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.