Archive | Supreme Court
Scalia Denies Feud with Roberts
The Spending Clause: Comparing the Chief’s Opinion and the Joint Dissent
Chief Justice Roberts and Constitutional Avoidance
The Bar Review version of NFIB v. Sebelius
By David Kopel on July 10, 2012 2:52 pm in Commerce Clause, Constitutional Law, Individual Mandate, Originalism, Supreme Court, Taxing and Spending Clause
Making Sense of Chief Justice Roberts’ Opinion
What Did the Court “Hold” About the Commerce Clause and Medicaid?
My Politico Post Assessing the Individual Mandate Decision
By Ilya Somin on July 1, 2012 11:36 pm in Federalism, Health Care, Individual Mandate, Supreme Court
The Mandate Decision and Public Perception of the Court
Barack Obama’s Ironically Prescient Speech Opposing John Roberts’ Nomination to the Supreme Court
By Ilya Somin on June 30, 2012 10:34 pm in Federalism, Health Care, Individual Mandate, Supreme Court
Next step: Repeal the individual mandate because it is unconstitutional
By David Kopel on June 29, 2012 7:30 pm in Congress, Constitutional History, Equal Protection, Health Care, Individual Mandate, Necessary and Proper, Politics, Popular Constitutionalism, Presidency, Separation of Powers, Supreme Court, Taxes, Taxing and Spending Clause, Uncategorized
The Chief Gets No Respect
Is the individual mandate a “tax” according to the original meaning?
By David Kopel on June 29, 2012 6:30 pm in Constitutional History, Constitutional Law, Individual Mandate, Originalism, Supreme Court, Taxing and Spending Clause
NFIB as Marbury
By David Kopel on June 29, 2012 6:25 pm in Constitutional History, Constitutional Law, Federalism, Individual Mandate, Politics, Spending Clause, Supreme Court, Taxing and Spending Clause, Unconstitutional Conditions