Apr

16

The Individual Mandate: A Rejoinder

Posted by: | April 16, 2012 | 17 Comments

Last week, Ed Fallone posted his prepared remarks at our debate on the constitutionality of the individual mandate in the health care law. Inspired by his example, I have – after a fashion – cleaned up my notes for last week’s debate. This is how I see it. When Nancy Pelosi was asked about the [...]

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Apr

11

Why the Supreme Court Should Uphold the Individual Mandate

Posted by: | April 11, 2012 | 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 was asked to defend the constitutionality of the individual mandate imposed by the Affordable Care Act.  What follows are my prepared remarks. Historians tell us [...]

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Apr

10

Baldwin Stakes Out Health, Tax Positions for Fall Senate Campaign

Posted by: | April 10, 2012 | Leave a Comment

Two major policy differences between Tammy Baldwin, the only major Democratic candidate for the open US Senate seat, and any of the Republican candidates were clear when Baldwin sat down with Mike Gousha in an “On the Issues” session at Eckstein Hall this week. Both issues are almost certain to be in the spotlight when [...]

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Mar

9

The Civil Jurisdiction of Indian Tribes

Posted by: | March 9, 2012 | Leave a Comment

This is the fourth in a series of posts addressing commonly asked questions regarding American Indians, Indian Tribes, and the law. The first post dealt with casinos, taxation, and hunting and fishing rights; the second focused on the relationship between the unique legal treatment of Indian tribes or their members and the U.S. Constitution’s guarantee [...]

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Jan

30

Cockfighting, Congress, and Interstate Commerce

Posted by: | January 30, 2012 | 1 Comment

Some convicted defendants in South Carolina are crying foul at the application of the federal Animal Welfare Act to criminally punish the promotion of cockfighting. The statute is said to be based in the power of Congress, found in article I, section 8 of the Constitution, to “regulate commerce . . . among the several [...]

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