Randy Barnett
Chief Justice John Roberts’ decision to uphold the Affordable Care Act “individual mandate” stirred fury on the Right and leery relief on the Left. But the stunning outcome produced bipartisan agreement on one basic point: Roberts’ Solomonic solution—endorsing conservatives’ claim that the mandate breached Congress’ power to regulate interstate commerce, but saving the provision itself as a tax—was a politically driven improvisation. READ MORE >>
Second Opinions
For the past few months, the legal discussion in Washington has centered around the Supreme Court’s upcoming ruling on health care reform. Far less attention has been paid to a decision issued by the U.S. Court of Appeals for the D.C. Circuit on April 13—even though it may prove, in the long run, to be similarly significant. READ MORE >>
Going Rogue
The Spurious Legal Case Against The Affordable Care Act
In case you haven't checked the front page today, my TRB column is up, about the whackadoodle attempt to overturn the Affordable Care Act on Constitutional grounds: READ MORE >>
Kangaroo Court
Brittle Activists
WASHINGTON -- The nation owes a substantial debt to Justice Samuel Alito for his display of unhappiness over President Obama's criticisms of the Supreme Court's recent legislation -- excuse me, decision -- opening our electoral system to a new torrent of corporate money. READ MORE >>
