Further Thoughts On The Roberts “Switched Vote” Story

There’s very little evidence or logic to support the attacks coming from the right against Chief Justice Roberts.

Did Democrats Bungle The Sale Of The Individual Mandate?

Democratic rhetoric since the Supreme Court decision on ObamaCare raises the question of whether they made a political mistake.

The Most Overlooked, And Important, Part Of The ObamaCare Decision

One part of the Supreme Court’s PPACA ruling has not received a lot of attention, but it has the potential to have a lot of impact in the future.

Yes, The GOP Can, And Likely Will, Repeal ObamaCare in 2013 If They Win In November

If the GOP wins in November, there will be very few actual barriers in the way if they really want to repeal the PPACA.

Did Roberts Contradict Himself On The Tax Issue?

Is there a logical flaw in the way Chief Justice Roberts addressed the tax issue in his opinion? Not really.

How Much Did SCOTUS Limit The Commerce Clause?

So, we’re safe from that broccoli mandate, right?

The Roberts ObamaCare Decision: The Epitome Of Judicial Restraint

In his ruling on the ObamaCare cases, Chief Justices Roberts reached back to a judicial philosophy with roots in men like Oliver Wendell Holmes, Jr. and Felix Frankfurter.

A Different Take On The Roberts “Switched Vote” Hypothesis

There is another explanation for the sometimes confusing nature of the dissent in the ObamaCare case.

Repeal and the Mechanisms of American Government

Electing Romney hardly means repeal of the PPACA, even if he will make it sound that way.

The Political Impact Of The Supreme Court’s Health Care Ruling

Who benefits from the Supreme Court’s ObamaCare ruling?

Did Roberts Switch Vote on ObamaCare Ruling?

Either the majority and dissenting opinions in NFIB v. Sebelius were among the sloppiest in Supreme Court history or the Chief Justice switched sides at the 11th hour.

Can The GOP Deliver On Its Promise To Repeal ObamaCare? And What’s The Replacement?

The Republican strategy on health care in the wake of the Supreme Court’s decision needs some tweaking.

SCOTUS Upholds ObamaCare Mandate As Tax Even Though It’s Not a Tax

Chief Justice Roberts sided with a majority in upholding the individual mandate and, indeed, all but some trivial portions of the Affordable Care Act.

Supreme Court Strikes Down Stolen Valor Act

The US Supreme Court has struck down the Stolen Valor Act, which made it a federal crime to lie about military honors, on free speech grounds.

The 2012 Election And The Future Of The Supreme Court

Regardless of how the Court rules on the Affordable Care Act, the upcoming election has the potential to reshape the Court for decades to come.

Creative Class Myth Debunked?

Does talent spawn growth? Or does growth attract talent?

Is The Supreme Court A “Threat” To Democracy? Of Course Not

In advance of tomorrow’s ruling, some pundits on the left are displaying some very odd views on the role of the law in American politics.

Is The Supreme Court Too Small?

One law professor suggests that we need to double the size of the Supreme Court. Is he right?

Ahead Of Supreme Court Decision, Second Guessing Among ObamaCare Supporters

With the Supreme Court’s decision imminent, many supporters of the PPACA are starting to second guess the Obama Administration’s legal strategy.

In Advance Of ObamaCare Ruling, The Attacks On The Supreme Court Begin

We don’t know what the Supreme Court will have to say about the Affordable Care Act, but their decision is already being attacked.

Crunch Time For The Supreme Court

With two weeks left in June, the Supreme Court is likely to be in the news quite a lot.

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Obama’s Immigration Policy Shift Was Legal, But Was It Proper?

President Obama’s immigration policy shift is legal, it’s good policy, but bypassing Congress won’t solve our immigration problems.

Supreme Court Appears Sympathetic To Some Parts Of Arizona Immigration Law

The Solicitor General had another bad day in Court yesterday.

Where Have the Thoughtful Conservatives Gone?

OTB’s comment section as a microcosm of the American political landscape.

DOJ Responds To Fifth Circuit On Judicial Review

Unsurprisingly, the Department of Justice confirms that it supports Marbury v. Madison

An Observation about SCOTUS, PPACA and Politics

What we are seeing at the moment is the expected political churn that accompanies something as big as the PPACA case

On The Phony Charge Of “Judicial Activism” From ObamaCare Supporters

The White House and its allies have already declared war on a decision that won’t even be rendered until three months from now.

ObamaCare And The Supreme Court’s Legitimacy

Is the Supreme Court risking it’s legitimacy if it strikes down the individual mandate?

Politics, Hubris, And The Questionable Constitutionality Of ObamaCare

This week’s hearings in the Supreme Court caught many proponents of the Affordable Care Act off guard.

ObamaCare At The Supreme Court, Day Three (Part One): Is The Entire PPACA Doomed?

This morning, the Justices pondered the fate of the PPACA if they strike down the individual mandate.

Conservatives and the Individual Mandate

Is the now-familiar refrain that the individual mandate was originally a conservative idea really true?

ObamaCare At The Supreme Court, Day Two: The Mandate Under The Microscope

It seems to have been a rough day for the individual mandate at the Supreme Court.

ObamaCare Mandate Limiting Principle

The Solicitor General was unprepared to answer the most predictable question on the ObamaCare insurance mandate.

ObamaCare At The Supreme Court, Day One: Is The Mandate A Tax, Or Not?

By the end of today’s first day of hearings on the Affordable Care Act, the Justices seem eager to take the consider the case on the merits.

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ObamaCare Goes Before The Supreme Court: A Preview

Starting tomorrow morning, the Supreme Court dives into the most significant case that has been before it in many years.