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.”
What to read next
Justice Don Willett of the Texas Supreme Court endured the partisan gauntlet of the Senate hearing on his nomination to the Fifth Circuit Court of Appeals. The hearing only confirmed what has been known for some time: Justice Willett will serve the federal judiciary with integrity, wit, and commitment.
Earlier this year, the City of Seattle shocked the people of Washington—indeed, many across the nation—when it decided to impose an income tax on so-called “high-earners” in direct defiance of the Washington State Supreme Court, which has repeatedly held that the state constitution’s uniformity clause prohibits targeted income taxes.
PLF and several allied organizations submitted a petition for rule-making to the federal agencies that administer the Endangered Species Act. The petition asks the agencies to define “species” and “subspecies,” terms which, although critical to the Act’s operation, are left undefined by statute and regulation.
Next Friday, I’ll be presenting oral argument in the Ninth Circuit in Cedar Point Nursery v. Gould. The case involves a challenge to the ALRB’s access regulation, which allows union organizers to use the private property of agricultural employers to solicit potential union members.