Amid all the speculation about a hidden long-term agenda, clever schemes a la Marbury v. Madison, concerns about personal legacy etc., one scholar proposes that perhaps Chief Justice Roberts simply did what he thought was right in upholding the ACA. I’m choosing to buy it. “While this unquestionably burnishes Chief Justice Roberts’s legacy, I find it hard to believe that he would...
With a little more than twenty-four hours to go before the Supreme Court is scheduled to release its last rulings of this Term, it is very likely that the Justices and their staffs are still doing some final editing on the opinion — or opinions — that will tell the constitutional fate of President Obama’s most important domestic policy: the massive overhaul of the way Americans get and pay...
More evidence that Scalia’s constitutional “originialism” is more opportunistic and political than principled, here.
Life, Liberty, and the Pursuit of a Big Gulp
“With so many loopholes, a law like this is no real threat to our liberty to guzzle flavored sugar water. Nevertheless, it sends a powerful message of social disapproval. So that’s good. On the other hand, it’s not a very persuasive argument to defend a restriction of liberty on the grounds that it won’t really work. So that’s bad.” -Michael Kinsley at Bloomberg This pretty...