Tag Archives: Supreme Court

The Roberts gamble

Jeffrey Toobin smelled possible victory for the Obama administration. Alluding to the so-called Chevron deference, named after a 1984 case upholding an administrative agency’s interpretation of statutes, Chief Justice John Roberts asked, “If you’re right about Chevron, that would indicate … Continue reading

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King v. Burwell: the Great Decider rumbles

Well! On first glance this doesn’t look good if you’ve lost The Great Decider on a federalism question: Trained constitutional lawyers will find it noteworthy that his focus here is on the consequence for states as such, and not for … Continue reading

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You keep me hanging on

The Supremes will hear King vs. Burwell this week. At issue: whether the plaintiff’s novel interpretation of four words qualify for disembowelment of the Affordable Care Act. The NYT editorial: Reading the Affordable Care Act as a whole, it’s clear … Continue reading

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ACA: “the Republican congress will not ‘fix’ anything”

For all the chatter about John Roberts valuing the Reputation of the Court I’m certain that he has thought hard about King vs Burwell and siding with his conservative brethren; and, no, I don’t think the Fuller or Rehnquist Courts … Continue reading

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Salvation is here

The hour of our doom has approached, and John Roberts will toll the bell: The Supreme Court on Friday agreed to decide whether all 50 states must allow gay and lesbian couples to marry, positioning it to resolve one of … Continue reading

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‘The roots of prosecutorial discretion are extremely deep’

Sam Stein got this answer from a member of the Federalist Society at its Mayflower Hotel mingling, awaiting Alito and Scalia: Before the crowd changed into black tie attire for Alito’s appearance, however, a smaller panel convened under the title, … Continue reading

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Here’s to you, Justice Kennedy. Our nation turns its weary eyes to you

Now that the Sixth Circuit has upheld the bans on gay marriage in Kentucky and Ohio, among others, Lyle Denniston considers the options: First, they can ask the full Sixth Circuit bench (the en banc court) to reconsider their cases. … Continue reading

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