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Commerce Clause

Supreme Court Delivers A Victory For Supporters Of Seattle's Minimum Wage Law

The Huffington Post | Cristian Farias | Posted 05.05.2016 | Home

The U.S. Supreme Court on Monday rejected a sweeping constitutional challenge to Seattle's minimum wage law, in what could have been a test case for f...

Federal Judge: No, Congress Can't Transform Prairie Dogs Into 'Commerce'

Evan Bernick | Posted 01.07.2015 | Home
Evan Bernick

Anytime a judge tells the federal government that it lacks the power to do something, it's newsworthy. And it happened on Wednesday, in a quirky case involving prairie dogs.

John Celock

Lawmaker: Kansas Gun-Law Ban Makes State Attractive To Terrorists | John Celock | Posted 08.29.2013 | Home

Kansas is likely to implement a state law banning enforcement of federal weapon restrictions on guns made in the state, even though a similar Montana ...

John Celock

GOP Governor Signs 'Strictest' Pro-Gun Law | John Celock | Posted 04.17.2013 | Home

Kansas Gov. Sam Brownback (R) on Tuesday signed what is being called the nation's most pro-Second Amendment law, but one that could face constitutiona...

The Republican Party's Anger Mismanagement

Cliff Schecter | Posted 05.17.2013 | Home
Cliff Schecter

Policy-wise, the GOP is an entity that literally lacks any new ideas, has no interest in governing and has rejected all of its own policy positions from as recently as early 2008.

Task Force Endorses Firing Employees For Off-The-Job Pot Use

Posted 02.06.2013 | Denver

A new policy recommendation by Colorado's Marijuana Task Force would allow bosses to legally fire their workers for off-the-job marijuana use. Wh...

Protecting Progressive Policy Requires a Balanced Supreme Court

Caroline Fredrickson | Posted 01.23.2014 | Home
Caroline Fredrickson

For years, conservatives have been making courts, particularly the U.S. Supreme Court, a priority on their agenda. Given the Court's 5-4 ideological divide, it's time for progressives to catch up.

Ginsburg Sheds Light On Health Care Decision

Reuters | Posted 10.09.2012 | Home

* Jurist, 79, has survived two bouts with cancer * Voices optimism for liberal wing in new court term By Joan Biskupic ...

Chief Justice Roberts Is Devilishly Clever

Frank A. Weil | Posted 09.17.2012 | Home
Frank A. Weil

Most people knew Roberts was a smart guy. If this set of thoughts has any merit, he is a lot smarter and cleverer than most people ever imagined. But, that is not all that he was being clever about.

Tax-y and He Knows It

Michael Rugnetta | Posted 09.08.2012 | Home
Michael Rugnetta

The Supreme Court's health care ruling was surprising for many reasons -- John Roberts siding with the court's liberal wing, the upholding of the mand...

Limited Government v. National Competence: The Ongoing Struggle Over the Commerce Clause

Peter M. Shane | Posted 09.05.2012 | Home
Peter M. Shane

So-called judicial "tests" are so obviously malleable that they don't seem to drive the Court's results. It is sometimes too easy to see the Court's desired outcome dictating the application of its "test," rather than the test producing the outcome.

Justice Roberts' Extremely Conservative Obamacare Opinion

Chris Ladd | Posted 08.29.2012 | Home
Chris Ladd

This ruling may be a disappointment. However, if we are serious about having the courts exercise greater respect for the separation of powers, then we have to embrace that philosophy even when it's politically inconvenient.

Roberts May Have Voted to Uphold the Affordable Care Act, But His Maneuver Protects His Conservative Agenda

Mitchell Bard | Posted 08.28.2012 | Home
Mitchell Bard

The Court's decision has resulted in a steady flow of excited, congratulatory proclamations from those who support health care reform. I wish the story was as uniformly positive as it seems.

Individual Mandate Upheld, Supreme Court Ruling Defers To Obama And Congress

The Huffington Post | Dan Froomkin | Posted 09.30.2012 | Home

Chief Justice John Roberts ultimately sided with the Supreme Court's four liberals in upholding the Affordable Care Act, in effect showing the deferen...

Obama Care and SCOTUS: Read The Damn Decision

Richard Brodsky | Posted 08.28.2012 | Home
Richard Brodsky

In the end the Roberts decision is not just a win or loss for ideology or legal theory. It's an example to the world that in the United States there's something called the Rule of Law. That's a victory for everyone.

The Roberts Court Is Born

Adam Winkler | Posted 08.28.2012 | Home
Adam Winkler

Today, the institutional legitimacy of the Court was buttressed. President Obama wasn't the only winner at the Supreme Court. So was the Supreme Court itself.

The Supreme Court vs. Congress

Leon Friedman | Posted 08.04.2012 | Home
Leon Friedman

In the last 10 years, the Supreme Court has found federal laws unconstitutional 14 times, for a total of 172 since 1803. The justifications for doing so fall generally into three distinct categories.

Mike Sacks

How Would Obamacare Fare Before Justices Who Received Top Honor? | Mike Sacks | Posted 05.08.2012 | Home

WASHINGTON -- Later this spring, retired Justice John Paul Stevens will become the ninth former member of the Supreme Court to receive the Presidentia...

Health Care, Broccoli, and the Common Good

Charles Kolb | Posted 06.18.2012 | Home
Charles Kolb

It was Justice Scalia's argument that if the government could force an individual to purchase health insurance, it could presumably force an individual to buy broccoli, that convinced me the Supreme Court should uphold the individual mandate.

Litigation Choices Matter: The Affordable Care Act Example

Alan B. Morrison | Posted 06.05.2012 | Home
Alan B. Morrison

Shortly after the constitutional challenges to the individual mandate were filed, the DoJ filed oppositions claiming that a law prevented the suits from going forward until 2015. That defense was rejected and the decision might have fatal consequences for the defense of the mandate. Here's why.

Conservatives and Liberals Agree: Medicare for All Would Be Constitutional

Miles Mogulescu | Posted 06.03.2012 | Home
Miles Mogulescu

From the standpoint of constitutional law, overturning the Affordable Care Act could put dangerous constitutional restraints on Congress's ability to forge national solutions to national economic problems. That's a dangerous precedent that goes far beyond health care policy.

An Ironic Spectacle in the Supreme Court

Frank A. Weil | Posted 06.03.2012 | Home
Frank A. Weil

The smartest move by the Supreme Court would be to let the American people, in effect, make the decision in this year's elections. The Court would preserve its prestige and power and avoid serious damage to the economy and the basic physical health of the country.

The Ghost of Lochner Sits on the Supreme Court and Haunts the Land

Jamin Raskin | Posted 06.02.2012 | Home
Jamin Raskin

The ghost of Lochner v. New York is alive and well on the Roberts Court, which has been busily dismantling laws that stand in the way of total corporate freedom.

Both Sides: Is Scalia a Pol in Robes? What If Races Reversed in Shooting?

HuffPost Radio | Posted 04.02.2012 | Home
HuffPost Radio

2011-11-29-20111107bothsidesnow.jpgMatalin and Kuby clash over health and race. If five Republican justices again rule along party lines, who are the judicial activists? What about Fox's complaint about a rush-to-judgment in Trayvon -- i.e., the Sherrod-Wright cable network? Then: Gaffe-Gate!

Not for Debate: Commerce Is Paramount

David Tereshchuk | Posted 05.30.2012 | Home
David Tereshchuk

The tightly woven strands of finance and trade throughout our American consciousness give a special and extraordinary power to that classic of US theater, Arthur Miller's Death of Salesman.