Tag: constitutional law

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Adam Litpak had a good article noting that Verrilli’s oral argument appealed to Kennedy with the freedom-enhancing qualities of the Affordable Care Act. This motivated Ann Althouse, who didn’t seem to even understand the argument, to respond like a member of their junior high school’s Ayn Rand club participating as their team’s third-stringers at the […]

Legitimacy and the ACA

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On March 30, 2012
Jon Cohn has a good post about a subject that’s on a lot of minds given the hostile reception the ACA received at the Supreme Court this week:  judicial legitimacy.  It’s worth unpacking the different things this might mean.   Certainly, from the standpoint of my personal normative evaluation, I agree with Jon that a decision […]

So We Agree!

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On March 28, 2012

Paul Clement is so good that he started his argument today with a devastating rebuttal of his own argument that the mandate is unconstitutional: If the individual mandate is unconstitutional, then the

The Broccoli Menace

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On March 28, 2012
While I’m waiting for my other piece on yesterday’s argument, since it’s relevant again I thought I’d dip into my nostalgia file and link to my piece about why the slippery slope arguments against the ACA are really dumb. Namely, 1)there’s a lot of traction on that slope, and 2)in any case the fact that […]
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