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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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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.

In My Opinion’s Wake

Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?

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Sebelius v. Hobby Lobby Stores, Parts II and III: Dissenting and Concurring Opinion

Tim Kowal agrees the Greens have individual standing, but suggests the corporation is the appropriate party to assert their claims.

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Sebelius v. Hobby Lobby Stores, Part III: Justiciability of Individual Claims [Updated]

In Part III of the Ordinary Court’s treatment of the Hobby Lobby case, the Ordinary Justices’ voting pattern shifts, with dramatic results.

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Sebelius v. Hobby Lobby Stores, Part II: Justiciability of Corporate Claims

Part II of the opinion, dealing substantively with whether Hobby Lobby can state a claim for relief under the Religious Freedom Restoration Act.

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Sebelius v. Hobby Lobby Stores, Part I: Background and Standards of Law

The first part of the Ordinary Court’s treatment of one of this year’s most-publicized legal cases. To begin, we must understand the factual and legal landscape.

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On Obamacare and the Real U.S. Healthcare Crisis, Part I: A Look In The Rearview Mirror

The US healthcare system is about to radically change, whether or not Obamacare stands. Exactly how it’s going to change, and the degree to which that change will be good or bad for the country, is a choice we still need to make. Before we can make that choice, however, we need to understand how we got here in the first place.

Honest Questions about Obamacare

One of the most contentious bits regarding Obamacare is the mandate. The contention is that without the mandate, enough young people won’t join the system for it to work, and/or free riding. Let’s just say for a second that the first problem is not insurmountable.  Assume for a second, work with me here.  Let’s say…