Tag: ACA

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I have an article up at the Prospect on the hot new trend in arguments that policies that Republicans supported until Obama started supporting them represent a massive threat to liberty and the Constitution: if the Supreme Court upholds the mandate, the broccoli tyrants will be knocking down your door.    The argument, of course, makes […]

Dia-Tribes

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On February 8, 2011

Laurence Tribe has an interesting piece in today’s NYT about how the SCOTUS should and apparently therefore will deal with the constitutionality of the ACA. The piece is interesting not because

Having discussed the limitations of positivist political science, I attempt to figure it out using my highly sophisticated “educated guess” method. Although it’s a “sovereign immunity” case and not a commerce clause case, I think that Hibbs is a better guide to Scalia’s vote than Raich.  Upholding a law that’s about federal hippie-punching is one […]
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