Anybody following American political discourse has heard many times that overruling Roe v. Wade would “return the issue to the states.” Because, you know, showing the same principled commi
You will be shocked to learn that the 5 Republican appointees to the Supreme Court declined to defer to state court findings of fact, because doing so might led to someone whose trial was delayed by m
Responding to Abbe Gluck’s argument that the troofer reading of the ACA violates the clear notice requirement that is now well-settled constitutional law, Ed Kilgore observes: This argument may
Mittens edition. I also suspect that PolitiFact will find a way to explain away the actual factual misstatements in the Romney ad… …much more from Kilgore.
I referenced it briefly last Friday, but I have a column up at the Guardian about the potential for the Roberts Court to push the “federalism revolution” to much more indefensible ends tha
A commenter raises the perennial question of whether it is possible to interpret the commerce clause in a way that would allow us to argue that, say, the enforcement of drug laws against individuals g
1)Nobody cares about federalism. 2)No conservative Republican — Paul Ryan very much included — cares about the deficit. 3)Most mainstream pundits will call conservative Republicans who rep
Obviously good news. I should probably defend my claim that there’s an outside chance that Thomas could join an opinion upholding the 1st Circuit’s opinion. I have a couple reasons for s