Monday, May 14, 2012
[Theodore] Olson, a litigator more than an activist, quickly shifted tactics in the case. He tried to narrow the issues in Citizens United, so that the Court would not have to take any dramatic steps in order to rule his way. He did not focus his challenge on the constitutionality of McCain-Feingold [a law regulating corporate “speech”]; he simply said, as he told the Justices at the oral argument, that the law did not apply to documentaries broadcast with video-on-demand technology, only to commercials. Then Malcolm Stewart, the Deputy Solicitor General, rose to offer his rebuttal, and a single question changed the case, and perhaps American history. Jeffrey Toobin has written a critically important article about the threat of the Supreme Court’s recent far-rightward swing.
Monday, April 16, 2012
thenewrepublic:

Will more prominent, respected conservatives come out of the woodwork to defend Obamacare’s constitutionality? This is the fifth.
“The individual health mandate surely passes constitutional muster under settled judicial principles. The Constitution’s Commerce Clause grants Congress the authority “to regulate commerce … among the several States.” The Court’s precedents establish without question that Congress may regulate intrastate economic activities that Congress (not the Court) reasonably concludes have a substantial effect on interstate commerce. The existence of such congressional authority is especially clear when the challenged provision itself is part of a comprehensive legislative scheme that regulates interstate commerce.”
- Henry Paul Monaghan, A Conservative Law Professor on the Obvious Constitutionality of Obamacare
Photo courtesy of the Library of Congress

thenewrepublic:

Will more prominent, respected conservatives come out of the woodwork to defend Obamacare’s constitutionality? This is the fifth.

“The individual health mandate surely passes constitutional muster under settled judicial principles. The Constitution’s Commerce Clause grants Congress the authority “to regulate commerce … among the several States.” The Court’s precedents establish without question that Congress may regulate intrastate economic activities that Congress (not the Court) reasonably concludes have a substantial effect on interstate commerce. The existence of such congressional authority is especially clear when the challenged provision itself is part of a comprehensive legislative scheme that regulates interstate commerce.”

- Henry Paul Monaghan, A Conservative Law Professor on the Obvious Constitutionality of Obamacare

Photo courtesy of the Library of Congress

Tuesday, March 27, 2012
barackobama:

peterfeld:

The Republicans are going to feel pretty stupid for spending the last three years fusing “Obama” and “care” in the public mind.

As David Axelrod put it the other day:
“Can you imagine if the opposition called Social Security ‘Roosevelt Security’? Or if Medicare was ‘LBJ-Care’? Seriously, have these guys ever heard of the long view?”

Amen to this!

barackobama:

peterfeld:

The Republicans are going to feel pretty stupid for spending the last three years fusing “Obama” and “care” in the public mind.

As David Axelrod put it the other day:

“Can you imagine if the opposition called Social Security ‘Roosevelt Security’? Or if Medicare was ‘LBJ-Care’? Seriously, have these guys ever heard of the long view?”

Amen to this!

Saturday, March 24, 2012

A woman who threw flour at Kim Kardashian: Arrested immediately. The man who killed Trayvon Martin: Still free.

(Source: abcnews.go.com)

Tuesday, February 7, 2012
Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for “laws of this sort.” Romer v. Evans, 517 U.S. 620, 633 (1996) Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit, in the opinion that declared California’s same-sex marriage ban unconstitutional. The best part of reading that quote is that I’ve read Romer v. Evans too and I can see the line of precedent at work here.

(Source: Washington Post)

Saturday, January 14, 2012

barackobama:

“While we believe that online piracy by foreign websites is a serious problem that requires a serious legislative response, we will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet.”

- The White House, responding this morning to a petition on SOPA and online piracy

Opposing SOPA was a smart move.

Saturday, December 31, 2011

Commenting on the legality under international law, University of Michigan Law Professor Steven Ratner said, “A lot of it depends on whether you believe Osama bin Laden is a combatant in a war or a suspect in a mass murder.” In the latter case, “you would only be able to kill a suspect if they represented an immediate threat”.[147]

That moment when your uncle is quoted in a Wikipedia article you’re reading.