Randy Barnett reflects on the Obamacare win loss win
“In terms of what this means for the future, the future depends on what future courts want to do…. Number one, if future justices want to protect the enumerated powers scheme, they won’t have a super-bad precedent standing in their way, which they would have if we had lost on the Commerce Clause, and number two, they’ve got a tremendous precedent for the idea that the enumerated powers scheme means something and is legally and judicially enforceable, and that the Necessary and Proper Clause is also a constraint, or it’s not a blank check for government. And that’s a huge accomplishment.”
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Shed a (crocodile) tear for Luke Skywalker today, as Mark Hamill’s much ballyhooed Autograph Law is set to be undone and reformed by the same California officials who made the mistake to pass it in the first place. AB 228 has arrived at the Governor’s desk, and in all likelihood will be signed into law any day.
Our new flagship publication, Sword&Scales, offers 16 pages of news and information to bring you up close to the vital work of our legal team. Our ardent defense of the right to own and use private property takes center stage in the inaugural issue. It’s at the core of our mission in the nation’s courts.
On Thursday, in Minnesota Voters Alliance v. Mansky, PLF filed this reply brief in support of its cert petition to the Supreme Court of the United States. In this case, we’re representing Minnesota voters in a First Amendment challenge to a ban on political apparel at polling places.
The Daily Journal published my column on California Cannabis Coalition v. City of Upland, recently decided by the California Supreme Court. As the op-ed points out, the ruling undermines Proposition 218’s requirements that all new taxes at the local level need voter approval.