Okay.  The subtitle of this post is a loose paraphrase of statements that Romney aide Eric Fehrnstrom made to ABC News on Thursday.  But not all that loose a paraphrase. It’s actually a direct deduction from Fehrnstrom’s comments. As Washington Post blogger Greg Sargent mentioned on Friday, Fehrnstrom test-drove a new, or rather a newly […]

“I’ve never seen a less optimistic time in my lifetime in this country and people wonder why,” the first-term Republican governor said at the Bush Institute Conference on Taxes and Economic Growth in New York City. “I think it’s really simple. It’s because government’s now telling them ‘stop dreaming, stop striving, we’ll take care of […]

Okay, okay.  I know that Obama doesn’t read AB.  So I know that his decision, reflected in his speech today at a lunch with Associated Press editors and reporters, to finally—finally—start refuting the Republicans’ economics proposals with actual examples and statistics, was not prompted by my repeated laments here that Obama just doesn’t do specifics, i.e., […]

The answer to the title’s question—Can your state mandate that you buy broccoli or join a gym?—depends upon which of the two possible grounds the 5-4 Supreme Court majority overturns the ACA’s individual-mandate provision.  And which grounds the majority selects also will determine whether under the Court’s new “liberty” jurisprudence, Social Security and Medicare also […]

I’ve written repeatedly now on AB that the challenge to the constitutionality of the ACA’s minimum-coverage provision (a.k.a., the individual-mandate provision) is not really a Commerce Clause challenge but instead a challenge under the Fifth Amendment’s due process clause, under what is known as the “substantive due process” constitutional law doctrine.  The Fifth Amendment’s due […]

To the general public, all that matters are the headlines, reflecting the bottom line.  The universal consensus among reporters who attended the 90-minute Supreme Court argument yesterday on whether an 1867 law called the Anti-Injunction Act bars the Court from considering challenges to the constitutionality of ACA’s individual-mandate provision was that the justices will decide […]

As AB readers know, I’ve written quite a number of in-depth posts on the ACA litigation—on the individual-mandate provision and on other issues as well.  (The number, by my count, is at least 11,** including the one I posted yesterday, titled “Showtime At The Supreme Court”).  And for your reading enjoyment, and in honor the […]

Dan emailed me several days ago asking whether I thought I should write a preshow (my word, not his) post about next week’s marathon Supreme Court oral arguments on the constitutionality of Obamacare, a.k.a., the Affordable Care Act.  Six hours of argument, two each day, Monday through Wednesday, in which the Court will hear argument, first, […]

Last Wednesday, the day after oral argument at the Supreme Court in a case called Kiobel v. Royal Dutch Petroleum, both Linda and I posted about the case.  Linda’s post I believe was written shortly before the argument although posted afterward.  Mine was written after the argument and discussed news reports about what occurred.  The […]

This is the object:  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,… nor be deprived of life, liberty, or property, without due process of law;   It’s all one sentence. Any questions?   This is Art: The lyrics of […]