Author: Scott Lemieux

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The thing is, we’re all legal realists even if we have to play our little games for a couple weeks to get that sweet life-tenured appointment: Amy Coney Barrett, when asked in 2016 whether a Obama should be able to appoint a Supreme Court justice in a presidential year, said it's inappropriate to replace a […]
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The next war on the ACA

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In General
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On September 22, 2020
Your reminder that the Supreme Court will be hearing the latest challenge to the Affordable Care Act on November 10th: If that argument sounds specious to you, you’re right. Particularly weak is the idea that the now unenforced mandate is so essential to the rest of the ACA that the rest of the statute cannot […]
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Remember when crackpot authoritarian blogger and law professor Glenn Reynolds urged his followers to run over protestors? Well, the governor of the nation’s third largest state would like to make this nice and legal: Florida’s Republican Gov. Ron DeSantis pushed legislation that he described as “bold” on Monday. Judging by the plain text of the […]
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Trump had some additional remarks about the forthcoming election this weekend: Trump: Maybe I’ll sign an executive order, you can’t have him as your president pic.twitter.com/et3Y956a88 — Acyn Torabi (@Acyn) September 20, 2020 “Kidding on the square,” I believe this is called. And Trump’s belief that Democrats governing is illegitimate couldn’t be a more mainstream […]
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