You say it like its a bad thing, Mr. Katyal!
“But there was a subtle loser too,” in the Obamacare cases, “and that is the federal government. By opening new avenues for the courts to rewrite the law, the federal government may have won the battle but lost the war.”
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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 … ›