Topic
Commerce Clause
226 published works
Constitutional Law Prof Blog
Judge Vinson Rules Health Care Reform Unconstitutional
By ConLawProf initials at end of post
Judge Vinson (N.D. Fla.) ruled today in State of Florida v. U.S. Dep't of Health and Human Services that the Patient Protection and Affordable Health Care Act was unconstitutional--in its entirety. …
TortsProf Blog
Is the Affordable Care Act Unconstitutional?
At Friday's Healthcare Law in the Federal Courts symposium organized by the Federal Courts Law Review at the Charleston School of Law, Professor James Ely (Vanderbilt) and Professor Brian Galle…
Government and Public Policy
Employees’ Private Email Accounts Not Necessarily Off-Limits To Employers
The precise wording of an employer's computer usage policy could have a significant impact in a lawsuit with a former employee. That is one lesson from a recent decision out…
Constitutional Law Prof Blog
The Two Faces of Hudson’s Commerce Clause
By ConLawProf initials at end of post
Professor Corey Rayburn Yung (John Marshall, Chicago) wrote earlier this month on St. Louis Today that Judge Hudson (E.D. Va.) hasn't been entirely consistent in his views on the Commerce Clause.Recall: Judge…
Constitutional Law Prof Blog
Justice Thomas: Denial Nullifies Recent Commerce Clause Jurisprudence
By ConLawProf initials at end of post
Justice Thomas dissented yesterday (joined by Justice Scalia) in a denial of review of a case that the Court might have used to clarify the scope of the Commerce Clause. Instead, Justice Thomas argued,…
Sentencing Law and Policy
Notable lengthy dissent about Commerce Clause after denial of cert in criminal case
Main January 10, 2011Notable lengthy dissent about Commerce Clause after denial of cert in criminal caseAs detailed in this new post by Lyle Denniston at SCOTUSblog, two Justices "in a…
Franchise Law Update
And, on the Fifth Day of Christmas, the Tax Man Cometh
The Iowa Supreme Court recently affirmed the power of states to impose income taxes on royalties paid by franchisees to out-of-state franchisors. In a unanimous decision handed down on December…
The Faculty Lounge
The Health Insurance Mandate: Commerce, Taxes, and the Necessary and Proper Clause
I won't try to cover all the ground that other bloggers have scoured in commenting upon Judge Henry Hudson's opinion that the individual mandate is unconstitutional, but I do have…
Constitutional Law Prof Blog
Health Care Reform Unconstitutional, District Judge Rules
By ConLawProf initials at end of post
Judge Henry Hudson (E.D. Va.) today in Virginia v. Sebelius ruled the individual health-insurance mandate in the federal health care reform package unconstitutional. Judge Hudson ruled that the individual mandate exceeded…
Constitutional Law Prof Blog
Federal Court Upholds Individual Health Insurance Mandate
By ConLawProf initials at end of post
Judge George Caram Steeh (E.D. Mich.) today denied the plaintiffs' motion for a preliminary injunction and rejected their claim for declaratory relief in a case challenging the federal government's authority to…