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 […]
by Beverly Mannoriginally posted at The Annarborist Elena Kagan vs. Pat Lykos Dahlia Lithwick, in Slate writes: At the Citizens United [v. Federal Election Commission] argument last fall, Roberts openly criticized Kagan for abandoning one rationale for restricting corporate campaign spending and then pummeled her again in his concurring opinion in the case, dismissing the […]
by Beverly Mannoriginally posted at the Annarborist Paul Clement, In Appreciation Each year as the Supreme Court’s term ends in late June, Slate’s main legal-issues writer, Dahlia Lithwick joins with Walter Dellinger, head of mega law firm O’Mebeny & Meyers’ national appellate practice, and a former head of the Office of Legal Counsel in the […]
by Linda Bealecrossposted with Ataxingmatter The Supreme Court’s Decision in In re Bilski:: does it allow tax patents or not? The Supreme Court handed down its decision in Bilski Monday, holding, as almost everyone had predicted, that the hedging process that was the subject of the Bilski claim was unpatentable. Download Bilski at SCOTUS 08-964. […]