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These are the most recent diaries filed under this tag:
Most Democrats are familiar with the story of FDR's battles with the Supreme Court regarding the constitutionality of his New Deal legislation. In 1937, the Court reversed course and recognized the ...
by Armando
Comment Count 360 comments on Wed Apr 04, 2012 at 08:10 AM PDT with 103 Recommends
The government can, absolutely, force you to buy broccoli. (Do you really doubt it? After all, it can force you to buy unwanted fighter jets and standardized tests for your schoolkids, too.) That ...
by Seneca Doane
Comment Count 32 comments on Mon Apr 02, 2012 at 11:46 AM PDT with 11 Recommends
As the New York Times suggested last week, the fate of President Obama's Affordable Care Act in general and its mandate that Americans obtain health insurance in particular may hinge on Justice ...
by Jon Perr
Comment Count 12 comments on Sun Apr 01, 2012 at 11:30 AM PDT with 8 Recommends
Lots of diaries about the pending action by the Supreme Court on the HCR law make for interesting reading. As an attorney, my interest is what standard applies to judge the consitutionality of the ...
by hjkelly3
Comment Count 20 comments on Thu Mar 29, 2012 at 10:03 AM PDT with 4 Recommends
Many on here have written excellent diaries citing dozens of cases. Even as an attorney it is hard to keep up as there is so much legalese. I try to write (even in Court) in Plain English. I think ...
by ClevelandAttorney
Comment Count 14 comments on Thu Mar 29, 2012 at 08:55 AM PDT with 9 Recommends
The "revolutionary" Justice Anthony Kennedy The transformation of our federal government by FDR was made possible because the Supreme Court made a dramatic shift in view of how it should review ...
by Armando
Comment Count 61 comments on Wed Mar 28, 2012 at 04:30 PM PDT with 65 Recommends
When the Government could have forced me into slavery via the draft, and I could have gotten shot and killed, and it's constitutional, it's hard for me to shed a tear over you being forced to buy ...
by jpmassar
Comment Count 44 comments on Wed Mar 28, 2012 at 09:25 AM PDT with 25 Recommends
The Constitution grants to Congress the power to regulate interstate commerce. (Everyone agrees that the health insurance market is interstate commerce, so that's not an issue). ObamaCare is ...
by Tortmaster
Comment Count 66 comments on Wed Mar 28, 2012 at 05:31 AM PDT with 18 Recommends
The Courtroom of the Supreme Court (Franz Jantzen) That's what SCOTUSblog's Tom Goldstein said following the first three-quarters of this morning's oral argument on the Minimum Coverage (i.e., "...
by Adam B
Comment Count 786 comments on Tue Mar 27, 2012 at 12:01 PM PDT with 98 Recommends
Article !, Section 8 of the Constitution is the relevant provision. Can you read it? Today the Supreme Court will hear argument (a very long argument) on the central issue in the challenges to ...
by Armando
Comment Count 372 comments on Tue Mar 27, 2012 at 06:00 AM PDT with 58 Recommends
Lochner v. New York (1905), introduced the concept of "economic liberty" into the constitution. Since about 1937, Lochner has come to be regarded, and even reviled, as wrongly decided. That is, ...
by Cartoon Peril
Comment Count 55 comments on Sun Mar 25, 2012 at 08:23 AM PDT with 26 Recommends
Will the Supreme Court send us back in time? Starting Monday, March 26, the Supreme Court will be hearing arguments on the constitutionality of the Patient Protection and Affordable Care Act (PDF), ...
by Armando
Comment Count 249 comments on Sun Mar 25, 2012 at 08:00 AM PDT with 94 Recommends
By Emily Martin , Vice President and General Counsel Cross-posted from NWLC's blog,
by National Womens Law Center
Comment Count 4 comments on Fri Jan 13, 2012 at 08:13 AM PST with 9 Recommends
Today's post is an encore for last year's Dr. Rand Paul, Civil Rights Patriot .
by MoGemStone
Comment Count 11 comments on Fri Dec 23, 2011 at 10:35 PM PST with 2 Recommends
Almost every major advance of the US economy has been nurtured or facilitated at some point by the active involvement and encouragement of the national government. It's been a partnership - ...
by NBBooks
Comment Count 29 comments on Sun Nov 20, 2011 at 11:07 AM PST with 56 Recommends
SCOTUSblog's Lyle ...
by Adam B
Comment Count 90 comments on Mon Nov 14, 2011 at 11:18 AM PST with 22 Recommends
The Hon. Laurence ...
by Adam B
Comment Count 105 comments on Tue Nov 08, 2011 at 09:15 AM PST with 56 Recommends
In a recent Daily Kos Dairy the following quote from Justice Brandeis appeared: “Through size, corporations, once merely an efficient tool employed by individuals in the conduct ...
by Trenz Pruca
Comment Count 1 comments on Fri Oct 07, 2011 at 02:18 PM PDT with 1 Recommend
Opinion here (PDF). The vote was 2-1. I discuss the dissent on the flip. First, the court ruled that the individual ...
by Armando
Comment Count 85 comments on Wed Jun 29, 2011 at 09:45 AM PDT with 40 Recommends
If you think Citizens United was bad, just give republicans a chance to pick the next one or more supreme court justices. Handing corporations free reign to manipulate the political system was only ...
by laborlou
Comment Count 14 comments on Sat Apr 30, 2011 at 04:48 PM PDT with 10 Recommends