The Attorney General's letter is here. More below. [click to continue…]
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The State Department has released a copy of the February 15, 2006 memo by Philip Zelikow arguing that the "enhanced interrogation techniques" used to question detainees were illegal. The Bush administration had sought to destroy all copies of the memo. [click to continue…]
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At oral argument in the health care case Justice Anthony Kennedy suggested that the government bears the burden of persuading the Supreme Court that the Affordable Care Act is constitutional. He is precisely wrong. Like all purely economic legislation, the Affordable Care Act is presumed constitutional. This is a fundamental principle of the doctrine of Separation of Powers. [click to continue…]
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More on that (and why it matters) here.
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If there is one constitutional principle that Justice Anthony Kennedy is devoted to it is the principle of "individual liberty." In oral argument yesterday Solicitor General Donald Verrilli took an opportunity to address that concept. [click to continue…]
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In this post I set forth all of the questions that Justice Kennedy asked the three attorneys at oral argument today in the health care case. Evaluate for yourself which way this "swing justice" is tending. [click to continue…]
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The Supreme Court heard oral argument today on the issue of whether the Anti-Injunction Act applies to the individual mandate of the Affordable Care Act. The transcript of oral argument is available here. The bottom line is that it looks like the Supreme Court will proceed to the merits and decide whether the individual mandate of the Affordable Care Act is constitutional. [click to continue…]
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Some thoughts on that here.
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I don't wish to comment specifically on the killing of Trayvon Martin until the investigation has been completed. It now appears that this matter has been turned over to capable state and federal investigators. Once all the facts are established there will be time to express opinions about that specific case. However, the state statute that local police relied upon in refusing to make an arrest should be examined. The law is deeply flawed and should be repealed. [click to continue…]
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Yesterday the Supreme Court issued its decision in Coleman v. Court of Appeals of Maryland, No. 10-1016.  By a vote of 5-4, the Court ruled that the doctrine of "state sovereign immunity" applied in this case, ending Coleman's lawsuit against the State of Maryland. [click to continue…]
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The 14th Annual Richard C. Sughrue Symposium on Intellectual Property Law and Policy begins in one hour! David Kappos, director of the USPTO will discuss the America Invents Act, the biggest patent law reform since 1836, during the keynote address at 12:45. Follow the whole event live on Twitter #akronlawip
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