Archive | June, 2011

Judge Sutton on the Individual Mandate

Of all the judges tasked with assessing the constitutionality of the individual mandate, the one to watch so far has been Judge Jeffrey Sutton of the Sixth Circuit. As some readers know, Judge Sutton is a Federalist Society favorite, one of Justice Scalia’s favorite former clerks, and a regular “feeder” judge to the Supreme Court. […]

Continue Reading 146

Divided Sixth Circuit Panel Upholds Individual Mandate

A divided panel of the U.S. Court of Appeals for the Sixth Circuit, in an opinion by Judge Martin, has upheld the individual mandate against a Commerce Clause challenge.  The same panel, in an opinion by Judge Sutton, rejected the argument that the mandate can be sustained as an exercise of the federal government’s taxing […]

Continue Reading 97

Which Justices Vote Together?

It’s commonly assumed that Justices Scalia and Thomas are the two Supreme Court justices who are most likely to vote together.  However much that may have been true during Justice Thomas’ first several years on the Court, it is becoming less true over time.   This past term, according to statistics collected by the folks […]

Continue Reading 41

Businesses’ Record Before the Court This Term

My Mayer Brown LLP colleague Andy Pincus — one of the top business appellate lawyers in the country (and one of the top appellate lawyers in the country, period) — is testifying this morning before the Senate Committee on the Judiciary (full hearing web page here) about businesses’ record before the Court this Term. His […]

Continue Reading 18

Suggestions for your periodical reading list

Although on-line reading continues to grow, many people still enjoy old-fashioned printed periodicals. In the spirit of gratuitous advice, here are some suggestions for print subscriptions. First of all, if you’re conscientious about registering for the frequent flyer program every time you step on an airplane, you may accumulate a few thousand points on various airlines which […]

Continue Reading 63

The Roberts Court and Business Revisited

Tomorrow morning the Senate Judiciary Committee will hold a hearing on “Barriers to Justice and Accountability: How the Supreme Court’s Recent Rulings Will Affect Corporate Behavior.” According to Committee Chairman Patrick Leahy (D-VT), the hearing is the latest in a series examining “how the Court has misinterpreted laws meant to protect consumers and employees, shielded […]

Continue Reading 15

LearnLiberty.Org

Learn Liberty is a collection of videos on various aspects of classical liberalism put together by the Institute for Humane Studies. If you’re interested in libertarian ideas, there’s a lot of good stuff to check out.

Continue Reading 1

Natelson’s reply to Time magazine’s essay on the Constitution

Time magazine managing editor Richard Stengel has penned a cover essay about the Constitution, One Document, Under Siege. My Independence Institute colleague Rob Natelson wrote a response addressing some of the many illogical or inaccurate claims therein. For example: Stengel: “The framers . . . gave us the idea that a black person was three-fifths […]

Continue Reading 84

No, the Fourth Amendment Isn’t Dead

Judge Kozinski and Stephanie Grace have a short essay posted online arguing that the Fourth Amendment is “dead” thanks to the third-party doctrine — the rule that a person loses Fourth Amendment protection in information knowingly disclosed to third parties. Their basic argument has been made many times before in the law reviews, but I […]

Continue Reading 20

Wisconsin Supreme Court or WWE?

The Journal-Sentinel reports that there are now two official inquiries into the physical confrontation between Justices Prosser and Bradley, one by the Wisconsin Judicial Commission, the other by the Dane County Sheriff’s office.  The Journal-Sentinel also reports that Dane County Sheriff Dave Mahoney endorsed Justice Prosser’s opponent, JoAnne Kloppenberg, in the just-concluded election contest. Meanwhile, […]

Continue Reading 367

2,524 days

That is about how long it has been since DOJ’s Office of Legal Counsel had a confirmed head.  Jack Goldsmith resigned effective July 30, 2004.   But the Senate has just confirmed Virginia Seitz by voice vote to be Assistant Attorney General for the Office, after a relatively “speedy” confirmation process lasting just under six months.*  It may […]

Continue Reading 7

Powered by WordPress. Designed by Woo Themes