Author Archive for Edward A. Fallone

Sticking It To The Constitution

Tuesday, September 18th, 2012
Category: Constitutional Interpretation, Judges & Judicial Process, Public, U.S. Supreme Court | No Comments »

Yesterday, I spoke on a panel on the occasion of Constitution Day here at Marquette University.  What follows is a copy of my remarks:  Today’s panel asks, “What does it mean to ... Read more »

The Constitutional Challenge to Act 10 is Serious

Sunday, September 16th, 2012
Category: Constitutional Law, Labor & Employment Law, Political Processes & Rhetoric, Public, Wisconsin Law & Legal System | 14 Comments »

On Friday, Judge Juan Colas issued a ruling that struck down Act 10, the “Budget Repair Bill,” on the grounds that the law violates the Wisconsin and U.S. Constitutions.  In ... Read more »

Of Paul Ryan and Buggy Whips

Monday, August 13th, 2012
Category: Business Regulation, Political Processes & Rhetoric, Public | 9 Comments »

First of all, I have to admit that my prediction was wrong. I predicted that Paul Ryan would not be the Republican nominee for Vice President in 2012. My reasoning ... Read more »

Best of the Blogs: Aftermath of the Supreme Court’s Ruling on the Affordable Care Act

Tuesday, July 10th, 2012
Category: Constitutional Interpretation, Constitutional Law, Health Care, Judges & Judicial Process, Political Processes & Rhetoric, Public, U.S. Supreme Court | No Comments »

The Supreme Court's decision upholding the constitutionality of the Affordable Care Act has generated a great deal of "instant analysis" on the web.  This post will survey some of the ... Read more »

Victory For ObamaCare!

Thursday, June 28th, 2012
Category: Business Regulation, Constitutional Interpretation, Constitutional Law, Health Care, Judges & Judicial Process, Public, U.S. Supreme Court | 9 Comments »

The decision in National Federation of Independent Business v. Sebelius is a victory for the supporters of the Affordable Care Act, and a fairly broad vindication for the constitutionality of ... Read more »

Tearing Down Fences

Friday, June 1st, 2012
Category: Election Law, Legal History, Political Processes & Rhetoric, Public, Wisconsin Law & Legal System | 2 Comments »

G.K. Chesterton, the English essayist and Catholic thinker, said the following: In the matter of reforming things, as distinct from deforming them, there is one plain and simple principle; a principle ... Read more »

ObamaCare Is Still Constitutional

Tuesday, May 1st, 2012
Category: Business Regulation, Constitutional Interpretation, Constitutional Law, Health Care, Public, U.S. Supreme Court | 19 Comments »

Today I particpated in another debate over the constitutionality of the Affordable Care Act's individual mandate.  At the invitation of the Milwaukee Chapters of the Federalist Society and the American ... Read more »

Why the Supreme Court Should Uphold the Individual Mandate

Wednesday, April 11th, 2012
Category: Business Regulation, Congress & Congressional Power, Constitutional Interpretation, Constitutional Law, Health Care, Marquette Law School, Public, U.S. Supreme Court | 17 Comments »

This afternoon, I participated in a debate with Rick Esenberg at the Marquette University Law School.  The debate was co-sponsored by the American Constitution Society and the Federalist Society.  I ... Read more »

The Use and Misuse of History

Sunday, April 8th, 2012
Category: Constitutional Interpretation, Election Law, Legal History, Political Processes & Rhetoric, Public, Wisconsin Law & Legal System | 15 Comments »

In his novel 1984, George Orwell imagined a future world where a government at war could switch allegiances with the country's enemies and allies and a docile public would accept the revised ... Read more »

Signing a Recall Petition Does Not Require Judicial Recusal

Sunday, March 25th, 2012
Category: Constitutional Law, Election Law, First Amendment, Judges & Judicial Process, Legal Ethics, Political Processes & Rhetoric, Public, Wisconsin Court System, Wisconsin Law & Legal System | 14 Comments »

We live in interesting times.  A segment of the general public is quick to forgive the killing of two young men in Slinger, Wisconsin and Sanford, Florida as the unavoidable ... Read more »

Does the Legislature Lack the Power to Revise the Redistricting Law?

Thursday, February 23rd, 2012
Category: Civil Rights, Constitutional Interpretation, Election Law, Federal Civil Litigation, Public, Wisconsin Supreme Court | 3 Comments »

Republican lawmakers have asserted that they have no power to re-draw the election maps at issue in the ongoing Baldus v. Brennan litigation in federal court, despite a suggestion from ... Read more »

The Court of Appeals Speaks in the Recall Case

Friday, February 3rd, 2012
Category: Civil Procedure, Election Law, Judges & Judicial Process, Public, Wisconsin Law & Legal System | 10 Comments »

Today, the District IV Court of Appeals issued an opinion that reverses a ruling by the Waukesha County Circuit Court denying a motion to intervene in the case of Friends ... Read more »