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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One of the most fundamental rights of American citizens is the right to seek redress from illegal government action in a court of law. But the federal government has an arsenal of weapons it wields to deny or curtail this right. Nowhere is this more prevalent than in the government’s attempts to stifle landowner suits challenging federal agency action under the Clean Water Act.