Farmer's Market How Texas Can Save the Endangered Species Act
Among the ESA’s many stakeholders, a consensus is forming that the law cannot accomplish its goals without greater reliance on markets. And in Texas, the outlines of just such a market-based approach are coming into focus.
The Disabling of America
Noble intentions and some benign outcomes notwithstanding, the 1990 Americans with Disabilities Act has proved to be a very expensive legal monstrosity with dubious constitutional credentials.
The Federal-State Crack-up
For decades, both Democrats and Republicans have been invested in governance schemes that have eroded the Constitution’s separation of powers.
Obamacare and the Fatal Flaw in Marbury v. Madison
Reportedly, Chief Justice John Roberts was initially inclined to strike down the individual mandate in Obamacare but switched sides after something changed his mind. Speculation has been that it was concern over the Supreme Court’s prestige and susceptibility to public criticism. But I think there was an irresolvable dispute over a crucial question of constitutional […]
Obamacare on Trial
In the challenge to President Obama’s signature health care law, the Patient Protection and Affordable Care Act (“ACA”), the Supreme Court faces a daunting series of issues. The unprecedented schedule of oral arguments—a total of six hours—bespeaks the Court’s willingness to confront those issues squarely. The most historic decision since Roe v. Wade could well […]
Why the Individual Mandate Is Inseparable from Obamacare
As President Obama’s signature health care law comes before the Supreme Court, most of the constitutional commentary has focused on whether Congress has the power to require individuals to purchase health insurance. Relatively little attention has been given to a more complicated and potentially more far-reaching issue: If the Supreme Court strikes down the individual […]