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Delivering Due Deference

Delivering Due Deference

Chief Justice Roberts was nearly silent during oral argument, and then wrote the 6-3 majority opinion in today’s Obamacare case. Burt Likko replies to Justice Antonin Scalia’s accusations of through-the-looking-glass judicial activism.

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Dignitas Versus Auctoritas

Dignitas Versus Auctoritas

This one is going to be a squeaker.

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When Text And Context Collide

When Text And Context Collide

Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.

Our Unlovable Constitution

A new study by David S. Law and Mila Versteeg concludes that the world’s democracies are no longer emulating the U.S. Constitution, and are instead resorting to other templates that guarantee more “generic building blocks of global rights constitutionalism,” including “women’s rights,” “the right to social security, the right to health care, and the right…

Under Siege: How Government Centralization and Expansion Puts Democracy in the Service of Special Interests

In its first full year of business in 1998, the 99 Cents Only store in the north Los Angeles city of Lancaster did over $5 million in sales. This was welcome news to the city, given the space had been vacant ever since the new “Power Center” shopping development, where 99 Cents was located, opened…

Geography, Politics, and Arrogance

Last week, Erik and I had a fun discussion about the role of geography in shaping one’s political opinions, what this means for Erik’s arguments for competitive federalism and localism, and the way in which our national debates largely cast aside the actual problems faced by actual people in favor of scoring broader points, thereby…

In Defense of Corruption*

One has to admire Murtha’s honesty. “If I’m corrupt, it’s because I take care of my district” might not represent the best of disinterested liberal governance, but it’s a refreshingly frank admission of his core political priorities. And whatever one thinks of Murtha’s methods, the sentiment behind them is certainly understandable. Murtha was elected to…