A Slightly Modest Proposal
June 28, 2015
John Roberts's claims of judicial restraint should be taken with a grain of salt.
The case wants to change American society from one in which everyone in extreme need has a right to assistance to one in which suffering generates no obligations.
In an order Thursday prompted by Wheaton College, the Court abandoned its concern for women impacted by the ruling.
It’s a clever resolution that none of the parties had asked for, but that is better than anything on the menu that the Court had before it.
The 1918 Case That May Have Foreshadowed Obamacare's Demise
April 04, 2012
It took decades for Congress to address the problem. When, at long last, federal legislation was passed, some people raised constitutional objections, but few took them seriously. The objections required the Supreme Court to adopt unheard-of constitutional theories, hamstringing well-established powers on the basis of hysterical fears about a tyrannical federal government. Even the law’s opponents were surprised when the Court took those objections very seriously.
The Health Care Mandate’s Big Win in the Sixth Circuit
June 29, 2011
On Wednesday, the Obama Administration won its first Court of Appeals battle over the constitutionality of the health care mandate. A divided three-judge panel of the Sixth Circuit held that Congress has the power to require individuals to purchase health insurance or pay a penalty. The result is obviously correct, for reasons I’ve explained elsewhere (see “Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform,” Yale Law Journal Online), and Judge Boyce Martin’s lead opinion is brief and elegantly reasoned.
No Fantasy Island
August 07, 1995
From 1995, Andrew Koppelman examines the Hawaii Supreme Court’s ruling in Baehr v. Lewin which holds that denying marriage licenses to same-sex