Dissenting in part
Note: This is the first part of a series on community associations and state action doctrine.
Community associations are increasingly difficult to avoid and increasingly ambitious in their efforts to regulate individuals inside and outside their homes. Some of these regulations prohibit constitutionally protected conduct; but as a general proposition, the Fourteenth Amendment applies only [...]
Illya Shapiro makes a good point over at SCOTUSblog: the possibility of a successful constitutional challenge to Obamacare wasn’t seriously considered by legal scholars prior to the popularization of the Florida district court decision:
In an era when, in response to the excesses of the Bush and Obama administrations, citizens question not simply the [...]
There’s a pretty good chance you have to seek permission from the state to exercise one of the most fundamental liberties—the right to earn a living. Some states require a license to do anything from hair dressers to apartment complex managers; from the manufacture or sale of alcohol to operating an auto repair shop. The [...]
On G-Money’s Social Contract Theory:
Semi-droll Seminole dissenting, in part.
Although I don’t think the following necessarily lays out a “pure” version of Retributivism, I do think it exposes a flaw in drawing inferences from the Liberty Model so as to justify punishment once the mens rea requirements were introduced in the criminal law.
[...]
First Amendment Scholar and Professor of Law Eugene Volokh commented today on the 9th Circuit’s refusal to rehear en banc a panel decision striking down the Stolen Valor Act. Last year, Volokh wrote an amicus brief in support of the law.
I respectfully dissent.
Established in a long line of Supreme Court cases, Congress doesn’t maintain any sort of direct control or review over agency action. It’s limited to indirect action, such as antagonistic threats of budget cuts, “riders” that limit agency discretion in how it spends its appropriations, removing substantive statutory authority from the agency, getting rid of [...]
The presidency has become a lot more than it’s supposed to be. Populism is largely to blame. Here’s an example purporting to limit presidential abuse of power, but in fact is an example of the wide deference the Court has shown the President since FDR hijacked the constitutional order.
In 1951, a labor dispute turned [...]
This post focuses on Alito’s dissent in Snyder v. Phelps, published 03/02/11. liberaltarianismo claims he’ll cover the opinion of the Court when he gets around to it.
As a combat veteran, friend of Soldiers who have died in Iraq, and mourner at a funeral the Westboro Baptist Church (WBC) threatened to protest (the cold [...]
A lot of people don’t like Scalia. I’m not really sure why. I want to be that man someday, except thinner, more attractive, and with a markedly crazier brand of constitutional jurisprudence. In Michigan v. Bryant, Scalia took the Court to task for its completely idiotic opinion in which it takes a dump on the [...]
In INS v. Chadha, 462 U.S. 919 (U.S. 1983), the court struck down a legislative veto provision of an immigration statute.
The facts were these: Chadha was issued a student visa in 1966, which expired in 1972. After it expired, INS sought to deport Chadha, but an immigration law judge held that he was entitled [...]
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