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...
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.
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.
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.
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...
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.
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.
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.
Chief Justice John Roberts ultimately sided with the Supreme Court's four liberals in upholding the Affordable Care Act, in effect showing the deferen...
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.
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.
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.
WASHINGTON -- Later this spring, retired Justice John Paul Stevens will become the ninth former member of the Supreme Court to receive the Presidentia...
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.
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.
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.
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 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.
Matalin 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!
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.
While the Supreme Court wrestles with how to untangle the constitutional complexities of the Affordable Care Act, the politics are becoming crystal clear -- and they may ultimately benefit those of us who would like to see affordable, high-quality health care for all Americans.
As ObamaCare heads towards its day in the Supreme Court, how can we make sense of competing claims about whether Congress has exceeded its authority under the Commerce Clause? A bit of history might be helpful.
The Court's decision will be treated by commentators as either a huge victory or momentous defeat for President Obama. But this may be a complete misreading of the logic and the stakes.