Author Archive | Randy Barnett

CBS: Roberts Switched His Vote From Invalidating the Mandate to Upholding It

Reported by Jan Crawford on CBS Face the Nation: Transcript: O’DONNELL:  We’ll start first Jan because you’ve done some reporting.  The big question was why did Chief Justice John Roberts do what he did? You’ve learned new details. CRAWFORD:  That’s right, what was striking about this was that it was the conservative chief decisive vote, […]

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Quote of the Week

Much ink has been spilled on the meaning and significance of the Supreme Court’s decision in NFIB v. Sebelius — much of it by me in the Washington Post, Washington Examiner, Daily Beast, and SCOTUSBlog.  But, for me, the “Quote of the Week” is from from Part IIIC, pp. 41-42, of Chief Justice Roberts’ opinion for the […]

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Scrutiny Land

If you are bored to tears by the Commerce Clause and Necessary and Proper Clause, and are curious about how the Supreme Court has gutted the Fifth and Fourteen Amendment’s protection of “liberty,” you might be interested in my Michigan Law Review article, Scrutiny Land.  There I explain how the Court purports to be protecting […]

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Anatomy of a Murder Trailer

My favorite lawyer’s movie is Anatomy of a Murder.  Here is the very interesting trailer for the film (which I posted here about 2 years ago). I have seen this film more times than I can count and highly recommend it to future lawyers. The screenplay is based on a novel by a Michigan state […]

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Jeff Rosen Responds to Critics

On TNR.com, Jeff Rosen has a thoughtful response to the criticism engendered by his New Republic magazine essay on Chief Justice Roberts.  I just wish to offer five points in response: Rosen inaccurately claims that, in the Raich case, I asked the Court to reverse Wickard v. Filburn.  To the contrary, throughout that litigation, in our […]

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George Will: “Liberals put the squeeze to Justice Roberts”

In today’s Washington Post: In one of his characteristic conniptions about people who frustrated him, Theodore Roosevelt, progressivism’s first president, said of Justice Oliver Wendell Holmes, “I could carve out of a banana a judge with more backbone than that.” TR was as mistaken about Holmes’s spine as are various progressives today about Chief Justice John […]

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Another Switch in Time?

Jennifer Rubin and Kathleen Parker’s columns today have made me think of another Justice Roberts:  Justice Owen Roberts, who is famous for having switched his vote to uphold the New Deal programs in West Coast Hotel Co. v. Parrish, the 5-4 decision by the Supreme Court upholding the constitutionality of minimum wage legislation, which overturned […]

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Kathleen Parker: “The Public Trial of Justice Roberts”

Washington Post columnist Kathleen Parker has a powerful column this morning in the Post.  She begins: Novelist John Grisham could hardly spin a more provocative fiction: The president and his surrogates mount an aggressive campaign to intimidate the chief justice of the United States, implying ruin and ridicule should he fail to vote in a pivotal […]

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Carrie Severino Responds to Jeff Rosen

On Bench Memos Carrie Severino offers her take on Jeff Rosen’s challenge to Chief Justice Roberts: In Rosen’s world, avoiding 5–4 decisions at all costs is apparently a higher virtue than following the law. But, for the sake of argument, let’s set aside the question whether the law obligated the chief justice to vote a […]

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