Author Archive | Jonathan H. Adler

On Goldstein On Liu

Yesterday, the Senate Judiciary Committee was scheduled to hold a hearing (subsequently postponed) to consider President Obama’s nomination of Berkeley law professor Goodwin Liu to the U.S. Court of Appeals for the Ninth Circuit.  In anticipation of the hearing, SCOTUSBlog founder Thomas Goldstein discussed the Liu nomination and its potential broader significance on The Huffington […]

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Back to the House

The AP is reporting that the health care reform amendment legislation being considered in the Senate will have to go back to the U.S. House of Representatives because Seante Republicans were successful in striking a few portions from the bill. After nine straight hours of beating back Republican amendments, Senate Democrats hit a temporary snag […]

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Liu Goes Before the Judiciary Committee

The Los Angeles Times previews today’s Senate Judiciary Committee hearing on the nomination of Berkeley law professor Goodwin Liu’s nomination to the U.S. Court of Appeals for the Ninth Circuit.  As I predicted, it looks like this nomination will face substantial opposition from Republicans. UPDATE: At NRO, Ed Whelan outlines the case against Liu.  I […]

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OMB Has Its Eyes on Prizes

Earlier this month, with little fanfare, the Obama Administration took a small but significant step toward encouraging greater technological innovation.  On March 8, the Office of Management and Budget issued a guidance to federal agencies on the use of challenges and prizes to spur technological innovation.  This memorandum seeks to “strongly encourage” federal agencies to […]

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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 […]

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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. […]

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The Stupak Solution?

On Friday, Rep. Bart Stupak (D-MI) announced the U.S. Department of Transportation’s Federal Aviation Administration had awarded nearly three-quarters of a million dollars to three Michigan airports to fund maintenance and improvement projects.  Given the apparent consensus that the President’s Executive Order on abortion funding gave Rep. Stupak relatively little of what he sought on […]

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The Abortion Deal

Final passage of the Senate health care bill in the U.S. House of Representatives was facilitated by a last minute deal over abortion funding.  Specifically, the President agreed to issue an Executive Order reaffirming limits on federal funding of abortion.  As I read the E.O., it does not appear to limit federal funding beyond those […]

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Constitutional Challenges to the Health Care Bill

Our own Randy Barnett has an article in today’s Washington Post surveying possible constitutional challenges to the health care reform bill, should it pass.  As Randy notes, constitutional litigation is inevitable, as several state attorneys general and conservative public interest organizations have already announced their intention to file suit.

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Sunday Song Lyric

Alex Chilton died this week at 59.  His music did not have much commercial success beyond a few songs recorded with the Box Tops as a teen, (most notably “The Letter”).  But his influence was substantial.  When I was in college, most of the “cool” bands listed Alex Chilton and Big Star as important influences.  […]

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A Constitutional Slaughter Solution?

Yale’s Jack Balkin is now convinced that Democrats in the U.S. House of Representatives have found a constitutional way to combine passage of the Senate health care reform bill with revisions to be passed as part of a reconciliation process.  In a letter to House Rules Committee Chair Louise Slaughter (reproduced here) Balkin writes: Under […]

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