-
LoginRegister | Login
Archives
-
Recent Posts
Recent Comments
- Vince P. on The Right Side of History
- DavidRandall on The Right Side of History
- Vince P. on The Right Side of History
- Arielle Assayag on Sidewalk Sam
- victorpan on Every Day is the Start of a New Year
Tag cloud
Red Sox Facebook travel winter risk law Google Commerce Clause Bruce Schneier file sharing ADA RIAA college snow Internet architecture taking China Italy summer New York Times social media NFL bordered Internet rain First Amendment law school target negligence weather music Affordable Care Act New York technology lake Internet associates bike trip states YouTube piracy copyright infringement Mac Boston University Apple iTunesBlogroll
Tag Archives: Commerce Clause
Individual Mandate is Constitutional
New York Times 28-Jun-12: “Supreme Court Lets Health Law Largely Stand.” I was both wrong and right about the Commerce Clause argument against the individual mandate: wrong that the better argument supports its constitutionality, right that the commerce clause argument … Continue reading
Posted in Constitutional Law
Tagged Affordable Care Act, Commerce Clause, Supreme Court, taxes
Leave a comment
Waiting for the Court
I’m not sure I’m ready for today’s Supreme Court ruling on the Affordable Care Act–or, more precisely, for the howls and outrage that will arise from whichever side loses the individual mandate argument. I’ve been talking about it with my … Continue reading
Posted in Constitutional Law
Tagged Affordable Care Act, Commerce Clause, Supreme Court
Leave a comment
Commerce Clause Arguments
The media is filled with articles and reports on this week’s Supreme Court arguments on the Affordable Care Act. This WSJournal article (subscription required) efficiently summarizes the arguments and justices’ questions. Definitions of the relevant economic activity reveal a key … Continue reading
Posted in Constitutional Law
Tagged Affordable Care Act, Commerce Clause, Supreme Court
Leave a comment
ObamaCare at the Supreme Court
Beginning today the Supreme Court is hearing three days of arguments on the constitutionality of the Affordable Care Act. The first issue is whether the Court can even consider the law’s constitutionality now–a legalistic argument that in the words of … Continue reading
Pro-ACA Op-Ed
Yesterday the New York Times ran an Op-Ed piece by Harvard Law Professor Einer Elhauge arguing for the constitutionality of the Affordable Care Act under the commerce and necessary and proper clauses. He concludes that “Congress can mandate the purchase … Continue reading
Court Enjoins Colorado Ecommerce Reporting Law
Last year Colorado passed a law requiring retailers who do not collect Colorado sales and use taxes to– “notify Colorado customers that the customer is required to pay use tax on the purchase; send an annual statement to each Colorado … Continue reading
Posted in eCommerce, Internet Law
Tagged Commerce Clause, injunction, sales and use taxes
2 Comments
Tribe on the ACA
This Op-Ed piece by Larry Tribe, constitutional law scholar and Harvard Law School professor, explains why “[t]here is every reason to believe that a strong, nonpartisan majority of justices will do their constitutional duty, set aside how they might have … Continue reading
Posted in Constitutional Law
Tagged Affordable Care Act, Commerce Clause, health care reform
Leave a comment