Tim Carney has an excellent column about the strategic attempt of the Left to make conservative ideas and thought entirely discredited. Today's ACA decision, if it comes down in favor of giving the Commerce Clause teeth, will be a huge part of this strategy; though the Commerce-Clause interpretation was adopted by a lower-court judge appointed by Clinton as well as some appointed by Republicans, any Supreme Court decision to the same effect will be a "coup." (No one accused the Court of a coup on Monday when it struck down much of Arizona's SB 1070 or the murder penalties of dozens of states.) A recent Bloomberg poll of law professors found 19 of 21 thinking the ACA was constitutional; on such a close question (and close only because of the incoherence of the last eighty years of Commerce Clause jurisprudence), doesn't this say more about the legal academy than the Supreme Court?
Writing conservatives out of "mainstream" thought
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- Update on BAMN
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- The Unconscionability of California's "Amendable" Arbitration Agreements
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- Businessweek on class actions
- In the Matter of McCutcheon: The Merits of Campaign-Finance "Aggregation"
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- The cy pres morass and In re BankAmerica Corp. Securities Litigation
- CEI, Cato, and PLF weigh in on Mount Holly
- A better solution to prison overcrowding
- Marek v. Lane & Dry Max Pampers in today's NY Times
- Epstein on the pro-business Supreme Court myth
- Supreme Court Ethics Act of 2013
- Cy pres in SCOTUS? Facebook Beacon settlement certiorari petition