Sep 12 2011 Publication Federalist Society Review The Constitutionality of the Patient Protection and Affordable Care Act Richard A. Epstein, Jesse H. Choper Engage Volume 12, Issue 2, September 2011 The topic of the discussion between Professor Jesse Choper and myself is the Commerce Clause...
Nov 1 2017 Publication Federalist Society Review Forgotten Cases: Worthen v. Thomas and the Contract Clause David F. Forte Federalist Society Review, Volume 18 Note from the Editor: This article discusses the history of interpretation of the Contract Clause and...
Nov 10 2017 Publication Federalist Society Review Christie v. NCAA: Anti-Commandeering or Bust Jonathan Wood, Ilya Shapiro Federalist Society Review, Volume 18 Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...
Oct 9 2020 Publication Federalist Society Review Can Originalism Constrain the Imperial Presidency? Lee J. Strang Federalist Society Review, Volume 21 A review of The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers, by Saikrishna...
Feb 28 2018 Topics Civil Rights Blog Post News Hate Crimes and the Thirteenth Amendment Hate crimes are abhorrent to all decent persons. But does Congress have the power to...
Dec 21 2020 Topics State Courts Blog Post State Courts & AGs Pennsylvania Appellate Court Agrees to Rehear Decision Invalidating Federal Tort Law Mark A. Behrens The Federalist Society’s 2020 Civil Justice Update, published on December 2, 2020, included a discussion...
Mar 17 2018 Topics Healthcare Blog Post State Courts & AGs Thoughts on the New Constitutional Case Against Obamacare Ilya Somin On February 26th, twenty Republican-controlled states filed a lawsuit challenging the constitutionality of the Affordable Care...
Nov 3 2009 Publication Individual Health Care Insurance Mandate Debate David B. Rivkin, Erwin Chemerinsky Online Debate Last Updated at 9 AM, Friday, November 6, 2009 This debate will focus on the following...
Mar 23 2018 Topics Federal Courts • Healthcare • State Governments Blog Post State Courts & AGs Round Two for Obamacare: Sebelius Redux Mark S. Pulliam Rarely do challengers of landmark legislation get a second bite at the apple in constitutional...
Apr 18 2018 Topics Federalism • Supreme Court Blog Post News South Dakota v. Wayfair: Concerns and Consequences for State Taxation and Online Commerce from Oral Argument Andrew J. Pincus When the Supreme Court granted review in South Dakota v. Wayfair, the conventional wisdom was...
The Constitutionality of the Patient Protection and Affordable Care Act
Richard A. Epstein, Jesse H. Choper
Engage Volume 12, Issue 2, September 2011
The topic of the discussion between Professor Jesse Choper and myself is the Commerce Clause...
Forgotten Cases: Worthen v. Thomas and the Contract Clause
David F. Forte
Federalist Society Review, Volume 18
Note from the Editor: This article discusses the history of interpretation of the Contract Clause and...
Christie v. NCAA: Anti-Commandeering or Bust
Jonathan Wood, Ilya Shapiro
Federalist Society Review, Volume 18
Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...
Can Originalism Constrain the Imperial Presidency?
Lee J. Strang
Federalist Society Review, Volume 21
A review of The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers, by Saikrishna...
Topics
Hate Crimes and the Thirteenth Amendment
Hate crimes are abhorrent to all decent persons. But does Congress have the power to...
Topics
Pennsylvania Appellate Court Agrees to Rehear Decision Invalidating Federal Tort Law
The Federalist Society’s 2020 Civil Justice Update, published on December 2, 2020, included a discussion...
Topics
Thoughts on the New Constitutional Case Against Obamacare
On February 26th, twenty Republican-controlled states filed a lawsuit challenging the constitutionality of the Affordable Care...
Individual Health Care Insurance Mandate Debate
David B. Rivkin, Erwin Chemerinsky
Online Debate
Last Updated at 9 AM, Friday, November 6, 2009 This debate will focus on the following...
Topics
Round Two for Obamacare: Sebelius Redux
Rarely do challengers of landmark legislation get a second bite at the apple in constitutional...
Topics
South Dakota v. Wayfair: Concerns and Consequences for State Taxation and Online Commerce from Oral Argument
When the Supreme Court granted review in South Dakota v. Wayfair, the conventional wisdom was...