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Gonzales v Raich

Challengers Press for Radically Limited Government in Health Care Law Oral Arguments

Caroline Fredrickson | Posted 05.28.2012 | Politics
Caroline Fredrickson

If the high court's conservative wing does indeed strike the minimum coverage provision, they will do so by actively ignoring or overriding precedent.

Health Care Hearings -- What to Listen for (Part 1 of 2)

Lyle Denniston | Posted 05.21.2012 | Politics
Lyle Denniston

As the new health care law has made its way through the federal courts, two very clear but conflicting story lines may shape the constitutional fate of the individual mandate - the heart of the new Act.

Mike Sacks

Clarence Thomas' Questions, Part 3: The Myth of Scalia's Puppet Is Quashed As Quickly As It's Created | Mike Sacks | Posted 11.23.2011 | Politics

Twenty years ago this month, Justice Clarence Thomas appeared for the first time on the bench for oral arguments at the Supreme Court. Out of the cas...

The Affordable Health Care Act: A Law Too Big to Fail?

Howard Schweber | Posted 05.25.2011 | Politics
Howard Schweber

When this case comes to the Supreme Court, the question is going to turn on whether compelling someone to buy something is regulation of commerce, and whether the mandate is "necessary" for health care reform.

Holder's Baby Step On Medical Marijuana

Chris Weigant | Posted 05.25.2011 | Politics
Chris Weigant

Obama's plan is good news for medical marijuana advocates, but although this is a historic shift in the War on Drugs, it does not go far enough because it does not resolve the illogic of the underlying legal issue.

Emerging GOP Theme: Nullification

Chris Weigant | Posted 05.25.2011 | Politics
Chris Weigant

The code words change over time (from "nullification" to "states' rights" to Pawlenty's "state sovereignty"), but the idea is the same -- we retain the right to ignore any laws we don't feel like following.