Topic
Commerce Clause
226 published works
The Faculty Lounge
Goodbye and A Word on Health Care
Thanks to Dan and the other perma-bloggers for allowing me to visit here at the Lounge. I did not get a chance to blog nearly as much as I wanted…
Health Care Reform Dashboard
Health Care Reform Law Survives First Constitutional Challenge in Appellate Court
By Brian M. Pinheiro, Edward I. Leeds
In Thomas More Law Center v. Obama, a deeply divided panel of the U.S. Court of Appeals for the Sixth Circuit has upheld the individual mandate provision of the Patient…
Health Law Prof Blog
Sixth Circuit Upholds Individual Mandate
By a 2-1 vote, the Sixth Circuit upheld the individual mandate as a valid exercise of the Commerce Clause power. For those keeping score of political affiliation, one of the…
Constitutional Law Prof Blog
Dictionaries as Legal Authority?
By ConLawProf initials at end of post
As Adam Liptak points out in his NYT column, the use of dictionaries in United States Supreme Court opinions is "booming." Liptak refers to Justice Breyer's criticism of any reliance…
Sixth Circuit Appellate Blog
Just Like in the Sixth Circuit, the Government Faces Sharp Questions from the Eleventh Circuit on the Constitutionality of the Health Care Statute
As we previously reported and analyzed, Acting Solicitor General Neal Katyal was in Cincinnati, Ohio last week before the Sixth Circuit to argue the government’s position in the appeal involving…
Real Estate, Land Use & Environmental Law Blog
Application of Sections 7 and 9 of the Endangered Species Act to California Delta Smelt Does Not Violate Commerce Clause
By Keith Garner & Michael Leake In Stewart & Jasper Orchards v. Salazar, the Court of Appeals affirmed the district court judgment that the application of Sections 7 and 9 of the…
SALT Shaker
Just Say No: Alabama Legislature Vetoes Department of Revenue’s BPT Regulation
In an unusual twist of legislative procedure, the Alabama legislature passed a joint resolution (SJR 4) vetoing an Alabama Department of Revenue (Department) regulation that disallowed a Business Privilege Tax…
The Right Coast
Mental activity affects commerce and can therefore be regulatedTom Smith
Well golly. One wonders how much mental activity it took to come up with this idea. In order to avoid regulation, I guess you would have to be some sort…
SALT Shaker
Oh No You Didn’t! Colorado Enjoined From Enforcing Reporting Requirements
On January 26, 2011, the U.S. District Court for the District of Colorado granted the Direct Marketing Association’s (DMA) motion for a preliminary injunction preventing the Colorado Department of Revenue…
Health Care Reform Dashboard
Federal District Court in Florida Strikes Down Health Care Reform
In a widely reported decision, a federal district judge in Florida has declared the health care reform law enacted last year to be unconstitutional. The decision, issued January 31, 2011,…