September 28, 2016

Huffington Predicts the Demise of Obamacare

[h/t Aaron Bludworth]                  

Obamacare Proponents Brace for Supreme Court Smackdown

In the days leading up to the Supreme Court oral arguments on the constitutionality of President’s Obama’s signature health care law, there was no end to the media speculation about which conservative leaning justice(s) would leave the dark-side and vote to uphold Obamacare. We were treated to a barrage of statistics touting the popularity of Obamacare, reminders that Republicans had supported mandates in the past and other specious arguments that have no bearing on the constitutionality of the law. Self-assured Progressives, it seemed, had little concern that socialized medicine was in any danger. [cont…]

Would we have elected Lincoln or Washington, today?

Today we celebrate President’s Day in honor of, ostensibly at its roots, the birthdays of George Washington (February 22) and Abraham Lincoln (February 12). Would either have been elected if they were on the ballot today? One was part of the 1%, the other trod on the constitution…would they have survived any primary process, today? [cont…]

Chamber of Commerce v. Whiting before the Supremes

Remember this one? This case deals with series of laws passed in Arizona in response to the failure of the federal government to enforce federal immigration laws. As summarized by the ACLU in September: As part of a comprehensive overhaul of the immigration laws, Congress adopted a series of carefully calibrated measures, beginning in the […]

“Don’t create a passive President”: Looking at “Signing Unconstitutional Laws” by William Baude (part 3, Conclusion)

Part three of my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… today we are looking at the risks associated with signing unconstitutional laws. What are the risks? Even if, enlightened as he may be, the President signs the law with no intention of acting or executing it, there is […]

Looking at “Signing Unconstitutional Laws” by William Baude (part 2)

Continuing my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… We had just finished look at the summation of why Baude did not believe the act of signing unconstitutional laws was in itself unconstitutional.  In reviewing the arguments of those opposed to signing such laws, Baude states that the reasons […]

Looking at “Signing Unconstitutional Laws” by William Baude (part 1)

What I’m reading right now, continued: William Baude “Signing Unconstitutional Laws” 86 Ind. L. J. (forthcoming 2011). Recently, I’ve heard a lot of talk, primarily from the Tea Party wing of the political right, about how law makers should not pass into law legislation that is unconstitutional.  I know of at least one candidate who made […]