Last Friday, the Supreme Court granted certiorari in King v. Burwell. Although it was a relist from last week’s conference—increasing the odds of granting certiorari to 49%–the quickness of the announcement caught many by surprise. Following the Court’s announcement, legal experts have expressed disagreement over the merits of the case: both proponents and detractors of … Continue reading
Tag Archives: supreme court
Previewing Holt v. Hobbs: Is Hobby Lobby Dispositive?
In an op-ed for The Atlantic, law professor Dawinder S. Sidhu discusses an upcoming case this term, Holt v. Hobbs, which involves the question of whether Arkansas’ Department of Corrections’ grooming regulations violate Holt’s religious freedom. Sidhu asserts that this case should begin and end with Hobby Lobby. Yet, Professor Sidhu ignores one key distinguishing factor: here, unlike … Continue reading
A Good Track Record?
On September 25, 2014, Attorney General Eric Holder announced his resignation. As head of the United States Department of Justice (DOJ), Holder has been extremely proactive, placing the DOJ behind a number of important civil rights issues, including voting rights, immigration, and same sex marriage. His engagement with these issues has earned him both praise … Continue reading
A Drop in the Bucket: the Obamacare Application Gets a Reboot
Flexible and nimble, these are the words chosen by one Obama Administration official as part of the announcement earlier this week that the application to apply for health insurance through the Affordable Care Act’s (ACA) shiny new state exchanges would be trimmed to three pages. The presentation of the new form, meant to remind the … Continue reading
“Equal Justice Under Law” – Four words to truly set in stone
There are four words etched in stone above the entrance of the Supreme Court building. “Equal Justice Under Law.” The essence of this engraving will permeate the highest court in the land this week as the nine justices hear arguments that could effectively reshape how the United States defines marriage. I want to give you … Continue reading
“Wait, the IRS lost?” Regulatory Deference at a Crossroads
Amid the sea of adjectives that flowed over Monday’s second inauguration of President Obama, several television commentators made a pointed observation. Presidential Inaugurations are certainly occasions to celebrate the American constitutional system; however, there is no more demonstrable picture of this country’s enigmatic arrangement than the sight of President Obama taking his oath at the … Continue reading
The Supreme Court’s Difficult Decision
As marked by the uncommon three days of oral arguments, totaling six and a half hours, the decision of the Affordable Care Act’s (ACA) constitutionality will not be an easy for the nine Justices of the Supreme Court. Lawyers argued four issues in front of the bench: the Anti-Injunction Act, the Individual Mandate, the severability … Continue reading
Freedom to lie? United States v Xavier Alvarez
The Stolen Valor Act was passed by Congress in 2006 to honor and respect the service men and women who have earned military medals. The Act prohibits people from falsely claiming they earned an armed service medal. Depending on the false claim, a person can be punished to up to six months to a year … Continue reading
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