Will the Necessary & Proper clause save Obamacare? Not if the Court follows McCulloch v. Maryland

    Dave Kopel at The Volokh Conspiracy: In short, the Necessary and Proper Clause expressed the well-known agency law doctrine of principals and incidents. That is, the grant of power to an agent (and the federal government was an agent of the people, to exercise certain delegated powers) was considered to include incidental powers. (Unless the parties specified to the contrary.) To be an incidental power, a power had to be subsidiary to, inferior to, and “less worthy” (in the language of the time) than the principal power.


  • Posted: 11/18/2011
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  • Category: Bench & Bar
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  • Source: volokh.com

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NY Times calls on Supreme Court to allow TV coverage in Obamacare case

Supreme Court must rule: Obamacare sets dangerous precedent for freedom

Justice Breyer urges checking presidential power

Child Sexual Abuse and the Supreme Court

The Supreme Recusal Question | WSJ Video

Plea for TV of health care hearings

Sessions presses Holder on Justice Kagan’s involvement with health law

Justices unlikely to have last word on health care

Will Clarence Thomas Recuse Himself From Obamacare Case?

Scalia and Thomas dine with healthcare law challengers as court takes case

    LaTimes.com: The day the Supreme Court gathered behind closed doors to consider the politically divisive question of whether it would hear a challenge to President Obama’s healthcare law, two of its justices, Antonin Scalia and Clarence Thomas, were feted at a dinner sponsored by the law firm that will argue the case before the high court


  • Posted: 11/15/2011
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  • Category: Bench & Bar
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  • Source: www.latimes.com

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Dems fear Supreme Court will rule against Obama on healthcare reform

Lousiana files Supreme Court suit challenging use of illegals in Census Congressional apportionment

Kagan to Tribe on Day Obamacare Passed: ‘I Hear They Have the Votes, Larry!! Simply Amazing.’

Top court to hear in vitro fertilization benefits

Law Professor Takes Aim at Supreme Court Filings

Court announcement raises recusal questions for Kagan, Thomas

Supreme Court Declines Review of School Vaccine, Religious-Flier Cases

Supreme Court health care reform path could be set Thursday

Justice Blocks and Predictability of U.S. Supreme Court Votes

Justice Breyer warns of Orwellian government in GPS tracking case

Today’s Supreme Court Order List

Under the U.S. Supreme Court: Thomas spanks court on religious displays

Legal scholarship highlight: Judicial ghostwriting and the Court

Linda Greenhouse: Not Following Clarence Thomas: The incoherent landscape of the court’s Establishment Clause jurisprudence

Health law ruling could be political earthquake

David L. Hudson: “Clarence Thomas: Court needs to ‘clean up our mess’”

Winston Salem Journal Editorial: “Prayer has no place at government meetings”

“Clarence Thomas on the Supreme Court Cross Decision: Missed Opportunity” | Christianity Today

U.S. Supreme Court declines to rule on student free speech in Connecticut case

No clarity on religious displays | SCOTUSblog

N.C. County Appeals to Supreme Court in Case that Bans Christian Prayers | The New American

N.C. County Asks Court to Allow Prayer in Jesus’ Name

Jesus’ name ruled ‘unconstitutional’

Prayer Supporters Confident High Court Will Hear Case

FRC Blasts Supreme Court for Allowing Decision to Stand that Removes Roadside Crosses in Six States

The Westboro Problem: Free Speech, Public Decency, and Constitutional Doctrine

NC County Wants to Overturn Ban on ‘In Jesus Name’

Forsyth commissioners ask US Supreme Court to rule on opening meetings with prayer to Jesus

County files petition to take prayer case to the U.S. Supreme Court

“Justice Scalia speaks for himself on death penalty, not the Catholic Church” | Washington Post

First Lady: Kagan, Sotomayor Will Protect Right to ‘Love Whomever We Choose’

SCOTUS Blog Petition of the Day: Student Speech – Blue Mountain School Dist. v. J.S.

The Ugliness Started with Bork

John Yoo: Twenty Years of Justice Thomas

Tax law could hinder quick Supreme Court decision on healthcare mandate

Supreme Court Asked to Allow Nonprofit to Sue IRS for Free Speech Violation

Supreme Court Notebook: Health care law in March?

Terry Jeffrey: Court Ruling Proves: Kagan Must Recuse from Obamacare litigation

Obama Lawyers Urge Court to Limit Scope of Health-Care Case

SCOTUS Considers Free Speech: FCC Indecency, Stolen Valor Act

Off-campus online student speech case appealed to high court

Supreme Court mulling if highway crosses case will be argued

Justice Scalia Tells Senate ‘Every Banana Republic Has a Bill of Rights’

Supreme Court to hear Stolen Valor case – unauthorized wearing of military medals/ribbons

Brian Faller: Risk from originalist judges outweights risk from “pragamatist” judges who embrace living Constitution

Clarence Thomas’ Influence On The Supreme Court : NPR

SCOTUS Blog: The timing issue on health care

“Gingrich: Congress, president can ignore courts” | includes video

Antonin Scalia Unplugged: Wants to Kill ‘Living’ Constitution

    ABC News:“I’m hoping that the ‘ living’ Constitution will die,” Scalia said, adding that the controversial nature of recent confirmation proceedings is partly attributable to a notion that the Constitution evolves. “It’s like having a mini-constitutional convention every time you select a new judge.”


  • Posted: 10/07/2011
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  • Category: Bench & Bar
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  • Source: abcnews.go.com

  • Tags: ,

The pro-abortion legacy of Justice O’Connor: 30 years after joining the court, the damage continues

In Hill testimony, justices lift high court’s veil: Breyer and Scalia

Teresa Collett: Human Dignity and Supreme Court Jurisprudence

Scalia: Judges ‘ain’t what they used to be’

Benchmark for Antonin Scalia: 25 years on court

Gallup: Supreme Court Approval Rating Dips to 46%