Thursday, March 30, 2017
The Misguided Article V Convention
Wednesday, March 29, 2017
Papers from the Illinois-Bologna Conference on Comparative Constitutional History
As many readers know, the University of Illinois and the University of Bologna sponsor an annual conference on Constitutional History: Comparative Perspectives. Last year's conference was held in Chicago, with a keynote speech by the incomparable Rosalie Abella of the Supreme Court of Canada. The papers from that conference are now published in the Illinois Law Review and available at this link. These papers represent an extraordinarily rich set of perspectives on issues of constitutional history by scholars from around the world.
Law Professor Amicus Brief in the Mississippi FADA Case
Monday, March 27, 2017
Give the “Trespass” Test (and Judge Gorsuch) a Chance
Friday, March 24, 2017
Disjunctive Politics in Action
Gerard N. Magliocca
If you were wondering what Jack and others meant by saying that Donald Trump could well be a "disjunctive" president, now you know. The President and his party could not move one of their main legislative priorities through even one House of Congress. Is this the result of poor leadership? Perhaps, but the deeper problem is that the Republican coalition is badly divided on many issues. The election masked those divisions to some extent, but now they are front and center.
Is the GOP ACA Repealer Unconstitutional on Federalism Grounds?
Thursday, March 23, 2017
Why the Democrats are in a win-win situation by filibusetering
Let me say at the outset that I strongly support filibustering the nomination of Judge Gorsuch to join the Supreme Court. Part of the reason is that I regard his appointment as filling a "stolen seat." Part of it is that I thought his "answers" were remarkably non-enlightening. No one who is a serious originalist can possibly give as much primacy to precedent as he was pretending to do. And "pretending" is the operative word, since it is inconceivable that he won't vote to reverse a number of important cases. After all, his endorsement of Harlan's dissent in Plessy is a dog whistle for invalidating any and all affirmative action programs in the name of "color-blindness." And, given the awful reality of lifetime tenure, I don't support putting a 49-year-old ultra right-winger on the Court. Finally, there is the matter of the legitimacy of Donald Trump as president, not with regard only to his being a sociopath or to the operation of the idiotic electoral college, but with regard to the increasing likelihood that his minions were actively working with Russia to throw the election, in part because Trump himself is deeply in hock to Russian oligarchs (given that no self-respecting American bank would lend any money to such a con-man who so obviously does not believe in paying his debts).
Monday, March 20, 2017
Gorsuch/Garland: Is the Supreme Court a “Majoritarian” Institution?
Saturday, March 18, 2017
The Tragedy of the Medicaid Expansion (Part III)
Monday, March 13, 2017
A Modest Revision of the Accepted Wisdom About the Nondelegation Doctrine
CBO report is here: 24 million Americans predicted to lose coverage by 2026 under GOP ACA replacement
Here is the report. Fourteen million of the 24 million would feel this loss by 2018, conveniently in time for the midterm elections. Savings to the federal budget, largely because of the Medicaid cuts and the cuts in other subsidies for individuals buying insurance, are projected to be $337 billion over the 10 year period.
Saturday, March 11, 2017
The Crises of -- What Is That Economic System, Anyway?
Friday, March 10, 2017
Rushing the ACA Repeal through the House without a Budget Score, and More
The GOP Obamacare repeal this week raced through the two House
committees with oversight at breakneck pace-- with essentially a one-day committee markup, with not a single change to the bill emerging
from the markup. The GOP for years has
been saying they could do health care better than the Democrats, and yet when
given their chance they have shown themselves more eager to do something quick than
to do something well considered. Is this really what they have been waiting this long