Duke law professor Stephen Sachs has a new essay. “The Uneasy Case for the Affordable Care Act,” responding to Erwin Chemerinsky on the constitutionality of the individual mandate. Here is the abstract from SSRN: The constitutionality of the Affordable Care Act is sometimes said to be an “easy” question, with the Act’s opponents relying more […]
Author Archive | Jonathan H. Adler
Climate Change in the D.C. Circuit
Today the U.S. Court of Appeals for the D.C. Circuit will begin two days of oral arguments in a set of challenges to the EPA’s various rules applying the Clean Air Act to greenhouse gas regulations. These rules are the inevitable outgrowth of the Supreme Court’s decision in Massachusetts v. EPA, as I explain here […]
Marijuana Federalism
An initiative to legalize possession of 1 ounce or less of marijuana qualified for the November ballot in Colorado yesterday. The initiative only legalizes possession for those 21 or older, and would also make it legal to grow up to six marijuana plants in one’s home and decriminalize the licensed sale of marijuana, subject […]
Clarence Thomas for President?
UCLA law professor Adam Winkler has an essay in The Daily Beast arguing that Republicans should consider making Supreme Court Justice Clarence Thomas their presidential nominee. According to Winkler, “a Thomas candidacy would energize Republicans in a way that few other Republicans can and would steal tremendous media attention from President Barack Obama.” Though admitting this […]
No Obama Nominees on D.C. Circuit
Joan Biskupic reports that President Obama is likely to become the first President “in at least half a century” to complete a term without placing someone on the U.S. Court of Appeals for the D.C. Circuit. This will happen unless the Senate reverses course and opts to confirm Caitlin Halligan, or the Administration quickly nominates […]
Climategate Turnabout Continued
The revelation that Peter Gleick of the Pacific Institute posed as a Heartland Institute board member to obtain confidential board documents and then distributed these documents, along with an almost-certainly-fake “Climate Strategy” memo continues to reverberate through climate science and policy circles. Folks that might otherwise be discussing the new study claiming climate change could […]
Climategate Turnabout
In 2010 and 2011 the climate science community was rocked by the release of e-mails from the University of East Anglia’s Climate Research Unit showing that climate scientists can be just as petty, political and (at times) unethical as any other group. To this day, it has not been determined who obtained the e-mail files […]
“We’re just trying to build a libertarian base for the next cycle.”
At Slate, David Weigel profiles Peter Thiel, the tech investor behind a pro-Ron Paul Super PAC.
The STOCK Act and Whistleblowing — Round II
On Sunday, I noted John Berlau and David Bier’s concerns that the STOCK Act sweeps to broadly and could inhibit whistleblowing, and Professor Bainbridge’s thorough response. Now Berlau and Bier’s colleague, Ryan Radia, has joined the fray, arguing in Berlau and Bier have valid concerns. In his sur-reply, Professor Bainbridge explains why he’s still […]
The STOCK Act and Whistleblowing
Congress appears poised to enact the Stop Trading on Congressional Knowledge (STOCK) Act to expressly extend the prohibition on insider trading to members of Congress and their staff. Some argued that insider trading on Capitol Hill was already illegal, but the STOCK Act would make this explicit. Both the House and Senate have passed versions of the […]
For and Against Voter ID — Exaggeration All Around
Rick Hasen previews portions of his forthcoming book, The Voting Wars, on the Election Law Blog and in this excerpt. Among other things, Hasen argues that there is little evidence of significant in-person voter fraud of the sort that would justify strict voter ID laws. At the same time, there is little evidence that the […]
From “First to Worst” on Medical Marijuana
From Rolling Stone, a report on the Administration’s escalation of the federal government’s campaign against medical marijuana. It begins: Back when he was running for president in 2008, Barack Obama insisted that medical marijuana was an issue best left to state and local governments. “I’m not going to be using Justice Department resources to try to […]
Where’s the Contraception Compromise?
The Obama Administration’s January announcement it would not exempt most religious employers from the so-called “contraception mandate” sparked substantial controversy. The policy infuriated many religious groups, including some that have been otherwise supportive of the Administration’s health care reform efforts. In response to public pressure, last Friday the Administration announced a compromise designed to assuage […]
Administration Again Admits Individual Mandate’s Penalty Is Not a Tax
Testifying today before the House Budget Committee, Jeffrey Zients, acting Director of the White House Office of Management and Budget, acknowledged that the penalty provision used to enforce the individual mandate in the Patient Protection and Affordable Care Act (PPACA) is not a tax. Philip Klein has details (and video) here.
No Vaccines? You’re Fired!
When my younger daughter was getting some of her first vaccinations, I asked our pediatrician how he would feel if we refused to have her vaccinated. His reply: “I’d ask you to find another doctor.” This point of view appears to be spreading. As the WSJ reports there is an apparent increase in the number of […]