Originalist sin, anyone? The Volokh Conspiracy’s David Post has the scoop: Case or Controversy Requirement? What Case or Controversy Requirement?. As Dave points out, in a post that is, I would say, “thorough”, two of the many “big” decisions handed down by the Supreme Court in its recently concluded “summer session”—Moore v. Harper, shooting down…
Tag: Chief Justice Roberts
Shorter Ramesh Ponnuru: “We don’t need no lousy, stinkin’ Independent Judiciary!”
Yes, I may have condensed (slightly) Mr. Ponnuru’s sentiments, so let me provide some backstory. A few days back, as Politico’s Matthew Choi reports, a federal district court judge in California, Judge Jon Tigar, ruled against President Trump in an immigration case, causing the president, unsurprisingly, to bellow in rage, claiming that Tigar ruled the…
More on the ACA
Over at Salon, Paul Campos advances the argument, using Scalia’s dissent to the Court’s decision upholding most of the Affordable Care Act, that Roberts made a last-minute switch. He doesn’t follow David Bernstein in making dark accusations regarding “unidentified circles” that supposedly leaned on Roberts to come around or the “heat” supposedly applied by President…