volokh conspiracy Archives

The Constitutionality of the Individual Mandate: The Very One-Sided Fordham Debate. [video]

February 10, 2012 by Daniel Burton

There are few things in politics or the law quite so enjoyable as watching one use words to bludgeon and destroy a weak or faulty idea.

Recently (as in, on Monday of this week) the University of Utah’s SJ Quinney College of Law hosted the Fordham Debate. The topic for the two Ivy League educated scholars who would take up opposing sides?

Be it resolved that the individual mandate provision of the Patient Protection and Affordable Care Act is constitutional under the commerce clause of the U.S. Constitution.

Yeah. Pretty much the lodestone for the entire political right’s anger at the elected left and why Obama, for all his panache, brilliance, and Vulcan-like demeanor, has lost the blessing of nearly a majority of Americans. [cont…]

Filed Under: Commerce Clause Tagged With: David Orentlicher, individual mandate, Ivy League, Jonathan Adler, Patient Protection and Affordable Care Act, volokh conspiracy

“Unconstitutional,” says the 11th Circuit.

August 12, 2011 by Daniel Burton

“Unconstitutional” The news making its way through the legal blogosphere, and the online news outlets, is that the 11th Circuit has ruled the individual mandate part of the Patient Protection and Affordable Care Act (the “Act”) is unconstitutional. Let me underscore that: only the individual mandate was found unconstitutional. The rest of the law has […]

Filed Under: Commerce Clause, healthcare reform Tagged With: 10th Amendment, Commerce Clause, Curt Bentley, individual mandate, Jeffrey Sutton, Jonathan Turley, Patient Protection and Affordable Care Act, Taxing and Spending Clause, United States Congress, volokh conspiracy

In which I am distracted, and libertarians infiltrate polite society

June 21, 2011 by Daniel Burton

I’m a bit preoccupied. My Better Half reached her due date yesterday, and we are anxiously awaiting whatever comes next. So, in the meantime, while I’m trying to get my “head in the game,” here’s some stuff to expand your knowledge and entertain your senses. Or maybe vice-versa. Also, libertarian views on the rise: Said […]

Filed Under: Political Thought Tagged With: Ars Technica, Better-half, Eric Posner, FiveThirtyEight, Ilya Somin, Libertarianism, litigation, Nate Silver, New York Times, News, Obama Administration, volokh conspiracy, White House

Volokh’s caption contest: may the force be with you

October 4, 2010 by Daniel Burton

And now for something completely different, and good for a chuckle, too. The Volokh Conspiracy is running a caption contest for this photo: The caption winner so far? “You don’t need to see my birth certificate.” “I don’t need to see your birth certificate.” (The Volokh Conspiracy)

Filed Under: funny, SCOTUS Tagged With: funny, Supreme Court of the United States, volokh conspiracy

Tattoos: Free speech on your body

September 10, 2010 by Daniel Burton

Image by megabn via Flickr While I suppose it would be plausible for other circuits to deal with tattoos as political speech, it’s really no surprise that it was the the U.S. Court of Appeals for the Ninth Circuit, in Anderson v. City of Hermosa Beach, that actually did. And that found them to be speech. Some […]

Filed Under: Constitutional Law, First Amendment Tagged With: Anderson v. City of Hermosa Beach, First Amendment, Tattoo, United States Court of Appeals for the Ninth Circuit, volokh conspiracy