constitutional law
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.
I think that to the extent that Bachmann's assertions that the Massachusetts health care bill is unconstitutional were a gaffe, it was a Kinsleyean gaffe. That is, I think at.
If you've been waiting for Ann Althouse to enter the debate about the constitutionality of the debt ceiling, you're in luck! If you want to learn something, well, you're crazy. .
As Ackerman says, the ongoing attacks against Libya cannot seriously be squared with the requirements of the War Powers Act, and the procedure used to justify violating the law is.
Federal judge rules that the ban on direct corporate contributions to candidates is unconstitutional. It is still not clear whether the 5-4 decision ultimate holding the initial ruling will be.
My column in the Prospect this week discusses how the oral arguments at 4th Circuit earlier this week represented the pure shoddiness of the constitutional arguments being mounted against the.
I have a new column up about the Supreme Court stretching to defend corporate interests -- who saw that coming? -- in AT&T v. Concepcion. Another point about the preemption.
Anytime a "sovereign immunity" claim loses, I'm happy. It's interesting to see that Scalia wrote the majority opinion. As I've said before, the whole line of sovereign immunity cases are.