Some people think Roberts cleverly used this case to severely limit Congress’s regulatory powers.  Others strongly disagree. I’m with the others. I think that as a practical matter, this will have almost no limiting effect at all on Congress’s regulatory powers.  I can’t think of any circumstance in which this limitation would apply and in […]

Yep, that’s right. (HT, Slate.) OK, guys, I COULDN’T RESIST. (After doing all this blogging on the case all day, I think I’m punch-drunk.) Hicccuppp.

I think there was a clue to Roberts’ thinking during the first day of argument—during the argument on the applicability of the Anti-Injunction Act, an obscure “jurisdictional” statute, which precludes courts from ruling on the constitutionality of a federal tax until after the statute becomes effective and the tax actually is due.  Roberts really indicated […]

While the Court’s upholding the mandate is deservedly taking front stage in the media coverage, the Court’s decision to strike down a part of the Medicaid expansion may ultimately have broader jurisdprudential consequence.  That, at least, will be a subject of debate among lawyers and academics in the days and weeks to come.  This is […]

UPDATE: From SCOTUSblog: “The bottom line: the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.” TOTAL, TOTAL VICTORY   !!!! SECOND UPDATE: The opinion is 5-4, with Roberts voting with the Dem appointees and writing the opinion, and Kennedy writing the main dissent. Here’s […]

The Court will announce its healthcare ruling on Thursday.  Tom Goldstein, founder of Scotusblog, said after this morning’s opinions were issued that, in light of the Court’s informal division-of-labor routine, and based on which justice wrote which of today’s majority opinions, it looks pretty clear that (as everyone has been predicting all along) Roberts will […]

Thought y’all would enjoy this post, on one of THE BIG DEAL law-profs’ blogs.  It’s bloggers are right- to center-right libertarians, all (or at least most) of them former law clerks to one of the conservative Supreme Court justices. Ah. And this is even moreinteresting.  Woo-hoo! —–UPDATE: Welll.  Hmmm.  As I said earlier today in a […]

In an email exchange between Dan and me on Tuesday, I wrote: Btw, the Supreme Court has been amazingly slow this term in issuing opinions in high-profile cases.  Most of the opinions they’ve issued recently are on pretty esoteric issues; they’re important, but pretty inside-baseball.  A good example is an opinion they issued yesterday.  Here’s […]

“Which Jamie Dimon will appear before the Senate Banking Committee in Washington on Wednesday?” asks Reuters BreakingViews columnist Rob Cox in a Slate piece.  “The self-effacing JPMorgan boss offering apologies for his bank losing at least $2 billion on bum trades?,” he asks? “Or the combative JPMorgan leader who just a year ago publicly challenged the […]

Matthew Yglesias channels … me! Yep, that’s right.  And now that, as Yglesias discusses, Newark Mayor Cory Booker has given the Obama campaign permission to explain the differences between the various types of venture capital “models” (as Yglesias calls them), conceding that, yes, that may really be more relevant to the key issues in the […]