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Nfib v Sebelius

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

Peter M. Shane | Posted 09.05.2012 | Politics
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.

Could the Decision in the Health Care Cases Provide Another Legal Argument Against DOMA?

Scottie Thomaston | Posted 02.02.2016 | Queer Voices
Scottie Thomaston

How would the First Circuit have ruled on the Spending Clause question if it had this precedent to rely on? We can't be sure. But I think the argument flows logically from Chief Justice Roberts' opinion in NFIB.