Posts Tagged ‘John Roberts’

ObamaCare decision roundup II

  • The article everyone’s talking about on John Roberts’s switch [Jan Crawford, CBS] But who were her sources?
  • “ObamaCare Lost on the Medicaid Mandate & Commerce Power. It May Yet Lose on the Tax Power” [Michael Cannon, Cato]
  • The ultimate, and I do mean ultimate, link roundup [Joshua Matz, SCOTUSBlog]
  • Opinion reactions: Steve Chapman, Michael Barone.
  • A view from Left: conservatives lost Thursday, and purported silver lining’s not even tin [Lemieux] NFIB v. Sebelius “the most important court victory for liberalism in my lifetime.” [Joey Fishkin]
  • Not Marbury, no way, no how [David Wagner, Ninomania]
  • “Polarization and legitimacy: why we’re wigging out” [Will Wilkinson, The Economist]
  • Call off the celebrations, it’s just a satire: “Supreme Court Strikes Down All Laws Signed By Barack Obama” [Balkin]
  • Don’t forget that Cato’s star-packed event looking at the meaning of the NFIB v. Sebelius decision will take place live on the web tomorrow, Monday, Jul. 2, 1:30-4:45 Eastern.
  • And I’ll be the guest on the “Pundit Review” show this evening at 7:30 Eastern on Boston’s RKO with Kevin Whalen to discuss Thursday’s ruling.

Obamacare decision roundup

  • “We won everything but the case.” Ilya Shapiro at SCOTUSBlog on what it’s like to have your arguments succeed while your client goes down. Recommended;
  • David Kopel applauds, especially the Medicaid ruling limiting strings on federal support of states;
  • Michael Greve turns thumbs down: “the Chief’s supposed act of statesmanship has bought nothing that is worth having.”
  • Clark Neily: “as litigators know very well, it is always more important what a court did than what it said. … Notwithstanding the majority’s assurances … the Court ratified what many perceive as the most significant expansion of federal power in 75 years.”
  • John Podhoretz: Roberts’ artful dodgery on tax issue does the Court no credit. Similarly: Jim Huffman;
  • From a David Frum reader: did Roberts bail because the four justices to his right got too frisky on severability?
  • And Cato’s star-packed event looking at the meaning of the NFIB v. Sebelius decision will take place live on the web this coming Monday, Jul. 2, 1:30-4:45 Eastern.

Earlier here, here, and here.

NFIB v. Sebelius quote of the day

“For those of us who oppose the Affordable Care Act as a policy matter, this is a bad day,” [Georgetown law professor Randy] Barnett said. “For those of us in this fight to preserve the limits of constitutional government, this is not a bad day.” [Ezra Klein; more from Prof. Barnett at Daily Beast] Similarly, at more length: Sean Trende, RCP via Tom Smith, Right Coast. Contrasting views: Ilya Shapiro, Philadelphia Inquirer (“an unfortunate convergence of two unholy strains of constitutional jurisprudence: liberal activism and conservative pacifism”); Ramesh Ponnuru (“The resulting law may be a better one than Congress wrote. It is not, however, the law that Congress wrote.”).

And here is a podcast from the Cato Institute with colleagues Roger Pilon, Ilya Shapiro, Trevor Burrus, Michael Cannon, and Michael Tanner:

And a video interview with Trevor Burrus here. Don’t forget, if you didn’t check in on it at the time, yesterday’s periodically updated Twitter-scroll post with (at last count) 43 tweets and dozens of links to relevant posts and resources.

Law schools roundup

  • Law profs (some of them, anyway) bristle at “impractical scholarship” critique from Chief Justice Roberts [Ifill, ConcurOp; Adler; Chiang, Prawfs; Markel]
  • Noisy exit by University of Baltimore law dean calls attention to law schools’ role as cash cows for universities [Caron]
  • There’ll always be a legal academia: redefining banks as public nuisances [Lind via CL&P] “Disability as a Social Construct” [Areheart, Yale Law and Policy Review] North Dakota’s fiscal health? Nothing to do with shale boom or budget prudence, it’s that they’ve got a state-owned bank [Pasquale/Canova]
  • “Why Does Pedigree Drive Law Faculty Hiring?” [Paul Caron] Using the accreditation process to mandate more tenure for lawprofs? [same] “ABA to Continue as Law School Accrediter, Despite Noncompliance With 17 Regs” [same]
  • “Have Law Schools Violated Consumer Protection Laws?” [Jeff Sovern, CL&P] Villanova keeps mum after embarrassing revelations [Inquirer]

January 5 roundup

  • Notables including Alan Morrison, Richard Epstein, Kathleen Sullivan sign amicus brief urging court review of multistate tobacco settlement [Daniel Fisher/Forbes, Christine Hall/CEI, Todd Zywicki]
  • “Congress rediscovers the Constitution” [Roger Pilon, WSJ]
  • Chief Justice John Roberts Jr. profiled [Roger Parloff, Fortune]
  • When outside investors stake divorce litigants: yes, there are legal ethics angles [Christine Hurt]
  • Mexico, long noted for strict gun control laws, has only one legal gun store [WaPo]
  • Judge throws out “parasitic” lawsuit piggybacking on Wisconsin drug-pricing settlement []
  • Erin Brockovich sequel: Talking back to the Environmental Working Group on dangers of chromium-6 in drinking water [Oliver, Logomasini/CEI]
  • “Little white lies” to protect the bar’s image [five years ago on Overlawyered]