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Happy (Almost) Birthday, PCAOB

Tomorrow will be the second anniversary of the Court’s decision in Free Enterprise Fund v. Public Company Accounting Oversight Bd., 130 S. Ct. 3138 (2010).  I intended to mark the occasion by posting...

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NFIB v. Sebelius: A Case About Sovereignty

I have spent the last several days reading and re-reading the opinions in NFIB v. Sebelius, hoping to find a unifying “theme” to organize all my thoughts about the case before posting about any of...

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More About NFIB v. Sebelius

In Parts III-C and III-D of his opinion in NFIB v. Sebelius, Chief Justice Roberts concludes that [t]he Affordable Care Act’s requirement that certain individuals pay a financial penalty for not...

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Is Chief Justice Roberts Growing in Office?

The saga of Chief Justice Roberts’s decision to change his mind and approve much of Obamacare continues.  Previously, I mentioned the possibility that he supported the constitutionality of Obamacare...

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Was Chief Justice Roberts’s Sebelius Opinion A Principled Exercise of...

While criticisms of Chief Justice Roberts from the right wing of the legal blogosphere has generally been strong, some have argued that Roberts’s decision might be defended as an exercise of judicial...

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Mike Paulsen’s Defense of Chief Justice Roberts’ Health Care Opinion

Originalist law professor Mike Paulsen has written a short essay defending Chief Justice Roberts’s decision upholding the Health Care Law as a tax. It might seem like a serious matter that a right wing...

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Protecting Political Expression in Campaigns as much as Political Dissidence

The Supreme Court’s analysis in McCutcheon v. FEC, its recent campaign finance decision, is even more important than its result. The holding of the case was to strike down so-called aggregate limits on...

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Happy (Almost) Birthday, PCAOB

Tomorrow will be the second anniversary of the Court’s decision in Free Enterprise Fund v. Public Company Accounting Oversight Bd., 130 S. Ct. 3138 (2010).  I intended to mark the occasion by posting...

View Article


NFIB v. Sebelius: A Case About Sovereignty

I have spent the last several days reading and re-reading the opinions in NFIB v. Sebelius, hoping to find a unifying “theme” to organize all my thoughts about the case before posting about any of...

View Article


More About NFIB v. Sebelius

In Parts III-C and III-D of his opinion in NFIB v. Sebelius, Chief Justice Roberts concludes that [t]he Affordable Care Act’s requirement that certain individuals pay a financial penalty for not...

View Article

Is Chief Justice Roberts Growing in Office?

The saga of Chief Justice Roberts’s decision to change his mind and approve much of Obamacare continues.  Previously, I mentioned the possibility that he supported the constitutionality of Obamacare...

View Article

Was Chief Justice Roberts’s Sebelius Opinion A Principled Exercise of...

While criticisms of Chief Justice Roberts from the right wing of the legal blogosphere has generally been strong, some have argued that Roberts’s decision might be defended as an exercise of judicial...

View Article

Mike Paulsen’s Defense of Chief Justice Roberts’ Health Care Opinion

Originalist law professor Mike Paulsen has written a short essay defending Chief Justice Roberts’s decision upholding the Health Care Law as a tax. It might seem like a serious matter that a right wing...

View Article


Protecting Political Expression in Campaigns as much as Political Dissidence

The Supreme Court’s analysis in McCutcheon v. FEC, its recent campaign finance decision, is even more important than its result. The holding of the case was to strike down so-called aggregate limits on...

View Article
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