by Beverly Mannfrom The Annarborist A Scalia Tea Leaf on the Healthcare Law? Judicial decisions, like the Constitution itself, are nothing more than “parchment barriers,” 5 Writings of James Madison 269, 272 (G. Hunt ed. 1901). Both depend on a judicial culture that understands its constitutionally assigned role, has the courage to persist in that […]
by Beverly Mann Washington Post writer R. Jeffrey Smith posted a comment to my post yesterday, providing a link to an article by him published in the paper about a letter that a large ad hoc group of law professors sent to the House and Senate Judiciary committees yesterday recommending legislation that would extend to […]
I sent this Salon article on the Supreme Court justice Clarence Thomas The bigger Clarence Thomas scandal by Ben Adler to Beverly Mann asking her what she thought of the article. The article discusses the possible conflict of interest regarding Judge Thomas’s ruling on Citizen’s United and his failure to disclose his wife’s earnings: Experts […]
by Beverly Mann Laurence Tribe on the ACA … and the Supreme Court justices Argggh. In rereading my comment from yesterday to Bruce’s “Health Care ACA Act: Who does the Roberts Court Work For?” post, I realized that there’s a major part of my comment that’s, well, missing: the part that explains why I started […]
It is an article of faith among many on the Left that the answer is easy: the majority on the Roberts Court is in the tank for the Republican Party. And within certain limits and with qualifications that is my view too. But the question today is WHICH Republican Party? The nativist libertarian leaning Christianist […]
by Beverly Mann Roger Vinson, Sophism King Federal District Judge Roger Vinson’s opinion issued the other day ruling the Healthcare Act an unconstitutional overreach by Congress is so replete with sophisms that it’s hard pick the most ridiculous of them. But my candidates are: “[W]hat if two of the purported “unique” factors — inevitable participation […]
Lifted from an e-mail from Beverly Mann, the following is a short explanation and links to relevant cases concerning the words of Justice Scalia as reported in California Lawyer, second question down from the beginning about the 14th amendment and sex discrimination. Beverly Mann writes: Scalia: Only African-Americans Have Second Amendment Rights Against States! Here […]
The NYT makes note of the US chamber of Commerce and litigation: The chamber now files briefs in most major business cases. The side it supported in the last term won 13 of 16 cases. Six of those were decided with a majority vote of five justices, and five of those decisions favored the chamber’s […]
The Financial Times reports this news: The US Supreme Court is to decide whether the largest class action employment lawsuit in US history can proceed against Walmart, the discount retailer, in a case that is being closely watched by other large corporate employers. Walmart appealed to the highest US court in the summer after a […]
by Linda BealeExcerpt from Ataxingmatter The post in its entirety can be found at Linda’s Ataxingmatter Health Care Reform: the Virginia opposition given standing in federal district court: The judge states that the “central issue” in the case is Virginia’s interest in upholding it’s “health care freedom act”–a declaration that Viriginia citizens do not have […]