You want to read Christopher Jencks’ review of a new book on the extreme poor in America. It’s a serious indictment of federal policy in dealing with the poorest of the poor, part of a muc
The interesting thing about the lead opinion is that it was written by Laurence Silberman, a judge with impeccable conservative credentials. As Jon says, it’s a straightforward but very strong o
Admittedly, the Court’s five conservatives are siding with conservative ideology against business interests here, but Chamber of Commerce v. Whiting is an interesting case for other reasons as w
In comments, I think Pithlord gets at what legal arguments about the ACA ultimately boil down to: “In the real world, if courts never enforce a standard, then it isn’t real.” The commerc
The Senate Republican budget will probably require people to eat broccoli deep fried Twinkies! If they don’t take their own constitutional arguments seriously, I’m certainly not going to.
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 sovereig
I cited it in my Prospect piece yesterday, but for people interested in the history of the Commerce Clause, I strongly recommend Jack Balkin’s forthcoming article. I would add the caveat that I
I will have some further commerce clause thoughts either today or tomorrow. Until then, I note that for some reason the failure of this not-at-all-cheesy historical reenactment of Gibbons v. Ogden is