Andrew Koppelman is correct that Hammer v. Dagenhart would be the most obvious precedent for a Supreme Court decision striking down the ACA: Both then and now, challengers to the statutes had to propose that the Supreme Court invent new constitutional rules in order to strike...
Author: Scott Lemieux
It's a crucial organizing principle of the modern Republican Party.
The 5CA wingnut power trio.
I know my own pet favorite -- Stuart Taylor -- will be a longshot, but I'm glad that he got Richard Cohen in there. ...also, I think we can all agree that it's about time for the Editors to come out of retirement. More classic...
You know, Jose Feliciano, you got no complaints. Jose Reyes playing for Jeffrey Loria, you got many complaints. Picks soon. Alas, I suspect Howard will be giving money.
Ann Friedman's political, link-added summary of the National Magazine Awards is doubly useful. The complete exclusion of women from the opinion section is particularly egregious; if anyone can come up.
Today's worst person in the world, David Stern: "David Stern would love a system in which Anthony Davis and the rest of Kentucky's freshmen stars were required to try to repeat." Yes, players should play for an extra year without just compensation for the NCAA...
Glenn: That there is such vehement condemnation over this strip-search ruling, almost all of which ignores the fact that the Obama administration was fully on board with it and helped.
Apparently, today's winger meme is that a (Democratic) president offering some mild veiled criticism of the Supreme Court constitutes opposition to the institution of judicial review.
In addition to the appalling substantive merits, what is particularly striking about yesterday's a-strip-search-for-jaywalking-is-reasonable case is that the quality of argumentation was shoddy above and beyond the indefensibility of the holding. The justifications offered by Kennedy and Alito were so weak the mere existence of...
Our liberty-loving Supreme Court has once again decided to use the Federalist Society Constitution, the one with the word "suckers" in it that omits the Fourth Amendment. You can now.
I was lucky enough to chair a panel at WPSA where Rebecca Gill presented the latest iteration of her research into how the judicial merit evaluations done under ABA guidelines.