There’s a lot one can say about Google’s decision, announced today, that it will shut down its Chinese search engine at google.cn — or, more precisely, that it will “stop censoring our search services—Google Search, Google News, and Google Images—on Google.cn. Users visiting Google.cn are now being redirected to Google.com.hk, where we are offering uncensored […]
Archive | 2010
More on the Chances Courts Would Strike Down the Individual Mandate
Two quick responses to my co-blogger Jonathan Adler below on the question of whether the courts would strike down the individual mandate. 1) Jonathan focuses on the chances that the Supreme Court would do something surprising and strike down the mandate. But I assume he agrees that to get the case before the Supreme Court, […]
How to “Kill the Bill”
(1) Have Republican Senate and House candidates nationwide run on a platform along the lines of the “Contract with America” that they will not vote to approve any budget that includes appropriations to effectuate provision of Obamacare. (2) The GOP take over the House or Senate, or both. (3) The House or Senate or both […]
What Will Courts Do with the Individual Mandate?
Like Orin, were I forced to make a prediction, I would predict that the individual mandate will survive judicial review. Federal courts have been quite reluctant to strike down federal statutes on enumerated powers grounds for quite some time, and the individual mandate is a larger and more consequential piece of legislation than those invalidated […]
A New Nuclear Option
Energy Scecretary Steven Chu writes on the promise and potential of small nuclear reactors: Small modular reactors would be less than one-third the size of current plants. They have compact designs and could be made in factories and transported to sites by truck or rail. SMRs would be ready to “plug and play” upon arrival. […]
What Are the Chances that the Courts Will Strike Down the Individual Mandate?
With all this blogging here at the VC about whether the courts will invalidate the individual mandate as exceeding Congress’s Article I authority, I thought I would add my two cents by estimating the odds of that happening. In my view, there is a less than 1% chance that courts will invalidate the individual mandate […]
Is the tax power infinite?
By David Kopel on March 22, 2010 8:05 pm in Commerce Clause, Congress, Constitutional History, Economic LIberties, Federalism, Guns, Health Care, Necessary and Proper, Politics, Supreme Court, Taxes
One source of the impending constitutional challenge to the Obamacare mandate is that exceeds the enumerated powers granted to Congress under Article I, section 8. For example, that the people’s grant to power to Congress to regulate commerce among the several states does not include the power to compel people to engage in commerce. Jack […]
Legal Action and Political Action as a Two-Track Strategy for Opposing Obamacare
By Ilya Somin on March 22, 2010 7:05 pm in Commerce Clause, Health Care, Obama, Spending Clause, Supreme Court
In a recent post, I suggested that Obamacare will be almost impossible to repeal through political action. History shows that it is extremely difficult to eliminate entitlements. In addition, repeal would require Republican congressional majorities and a Republican president; I doubt we will get both simultaneously for years to come. Although various state governments and […]
Response from ACLU’s Jonathan Manes on Drones and US Forces
By Kenneth Anderson on March 22, 2010 6:58 pm in Counter-Terrorism Policy, International Human Rights Law, Robotics, Targeted Killing, War and Armed Conflict, War on Terror
Jonathan Manes, the ACLU lawyer whose work and presentations I have cited a couple of times in posts here at Volokh, and someone for whom, despite some fundamental agreements, I have great respect and like very much, has responded with the following letter. He has given me permission to post it here. The most important […]
The Stamp Act
Received the Royal Assent and thereby became law on this day, in 1765. A spontaneous citizen movement, reinforced by state governments carrying out their duties to protect the constitutional rights and liberties of their citizens, mobilized to oppose the Stamp Act. They were told by their betters that repeal would never take place, and that […]
“Cyber Civil Rights” Symposium
By David Kopel on March 22, 2010 4:19 pm in Blogosphere, Computer Crime Law, Cyberspace Law, Uncategorized
Danielle Citron Last year, Maryland law professor Danielle Citron published “Cyber Civil Rights” in the BU Law Review. Here’s the abstract: Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. . . . Attackers manipulate search engines to […]
Ninth Circuit Decision in Marshall v. Stern (formerly Marshall v. Marshall):
On Friday, the Ninth Circuit handed down its decision in Marshall v. Stern (formerly Marshall v. Marshall). The Court held–correctly in my view–that the Bankruptcy Court’s decision in Anna Nicole Smith’s (formerly Vickie Lynn Marshall, whose estate is now administered by Executor Howard K. Stern) bankruptcy case that gave Smith half of Marshall’s estate (later […]
The Modest Role of the Warrant Clause in National Security Investigations
I recently posted a new essay, The Modest Role of the Warrant Clause in National Security Investigations, forthcoming in a symposium issue of the Texas Law Review. Here’s the abstract: Why is the Warrant Clause of the Fourth Amendment so modest in national security investigations? This symposium essay argues that the Warrant Clause has a […]
Washington Post Q & A on Constitutionality of Health Care Bill
I just finished a live Q & A on WashingtonPost.com following up on my Washington Post column yesterday on the constitutional issues raised by the health insurance bill. It was pretty demanding to do it in real time, so please forgive any statements made in haste, but you might find it interesting. It is here.
What’s next for the Obama Administration?
At Pajamas Media, Victor Davis Hanson observes: There won’t be any more soaring rhetoric from Obama about purple-state America, “reaching across the aisle,” or healing our wounds. That was so 2008. Instead, we are in the most partisan age since Vietnam, ushered into it by the self-acclaimed “non-partisan.” But how could it be anything else? […]