State standing to challenge ultra vires federal action
I signed the agreement today to publish my article, State Standing to Challenge Ultra Vires Federal Action: The Health Care Cases And Beyond in the U. Florida Journal of Law & Public Policy. In it, I argue that the Fourth Circuit Court of Appeals was wrong to dismiss the Virginia lawsuit challenging Obamacare–a point I explained more briefly in this blog post.
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PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›