In state immigration law, local authorities offer to “help” the federal government by taking over its job.
Blog: The Docket
Posted inLaw and Justice
Bush-Appointed Judge Does the Full Lochner
In order to argue against the Affordable Care Act, one has to disavow the entire modern welfare state.
Posted inHealth and Social Policy
Of Course a Decision Striking Down the ACA Would Be “Judicial Activism”
The bigger question is whether such activism would be justifiable.
Posted inHealth and Social Policy
Judicial Review Doesn’t Mean What You Think It Means
An imaginary letter from Attorney General Eric Holder to Judge Jerry Smith of the Fifth Circuit
Posted inLaw and Justice
An Unreasonable Search for Justification
The conservative majority on the Supreme Court votes to ignore the Fourth Amendment.
Posted inLaw and Justice
Judging With Double Standards
New research shows that sexism and racism play an unfortunately large role in the evaluation of state judges.
Posted inHealth and Social Policy
Don’t Wish For Judicial Overreach
Sometimes a devastating defeat is just a devastating defeat.
Posted inHealth and Social Policy
The Nine Circles of the ACA
By Wednesday afternoon, the Supreme Court was pondering whether Congress itself was unconstitutional.
Posted inHealth and Social Policy
Verrilli’s Courage Under Fire
Despite conventional wisdom on the left that the U.S. solicitor general buckled under attacks from the Supreme Court’s conservative justices, he in fact stood his ground.
