Roberts’ Health Care Ruling, and the Impact on Future Congressional Policy

By: Friday June 29, 2012 7:38 am

The first argument I wrestled with on the Affordable Care Act opinion was about Republican governors and Medicaid. The second concerns the weakening of Commerce Clause interpretations and the possibilities for liberal policy generally. I don’t think there’s much doubt that John Roberts embraced very conservative interpretations of the Constitution in his ruling. Just looking [...]

District Court Judge Strikes Ban on Direct Corporate Giving to Individual Candidates

By: Friday May 27, 2011 9:50 am

A federal judge has ruled that a ban on direct corporate giving to candidates is unconstitutional, in a case that will probably filter up to the Supreme Court, which needless to say has not been a great ally for campaign finance types. The judge, James Cacheris, used the Citizens United ruling on corporate giving as [...]

SCOTUS Hearings: Important Debate on Nature of Corporate Power; Did Kagan Engage?

By: Thursday July 1, 2010 12:22 pm

Contra me, Joshua Green has a story in the Boston Globe on the importance of the Kagan hearings because of the window they opened into the new defining issue of the Court – corporate power. For while Kagan’s fate may not be in doubt, her confirmation hearings come at a time when the court is [...]

The War on Thurgood Marshall

By: Tuesday June 29, 2010 10:31 am

A particularly insidious dog whistle to the right has cropped up in the Elana Kagan confirmation hearings. Suddenly the most popular topic for discussion is Thurgood Marshall, the late Supreme Court Justice for whom Kagan clerked for one year and with whom she disagreed quite a bit during that clerkship. Marshall dominated yesterday’s opening statements, [...]

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