Jonah Gelbach on Isolated Textualism and the Halbig Litigation
Michael Ramsey
I've been mostly avoiding much comment on the Halbig (Affodable Care Act subsidies) litigation, on the ground that I don't intend to read the entire Affordable Care Act, but this post is too ill-conceived to pass up. At Balkinization, Jonah Gelbach (U. Penn. Law School) guest-posts The Methodological Absurdity of Isolated Textualism: Halbig, King, and How Not […]
A Partial Defense of the Majority Opinion in Bond v. United States
Michael Ramsey
Chief Justice Roberts' majority opinion in Bond v. United States has been sharply criticized (see here and here), so I'll say few words partially in its favor. The case has seemed odd from the beginning because the federal statute at issue implements the Chemical Weapons Convention and (as the majority says) the local misuse of household chemicals […]
The Origins of an Independent Judiciary in New York, 1621-1777
Mike Rappaport
Scott D. Gerber (Ohio Northern University – Pettit College of Law) has posted The Origins of an Independent Judiciary in New York, 1621-1777 (Social Philosophy & Policy, Vol. 28, p. 179, Winter 2011) on SSRN. Here is the abstract: One of the central features of the U.S. Constitution is its establishment of an independent judiciary, […]