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Supreme Court roundup

Randy Barnett and Josh Blackman: yes, the confirmation process had gone wrong, but not necessarily in the way we’re told [National Affairs] A case against judicial restraint [Ilya Shapiro, same, related Cato] “Business and the Roberts Court without Scalia” [Jonathan Adler, related on supposed “pro-business” Court] SCOTUS should (again) step in to reject Obama end-run […] Supreme Co
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An eight-Justice Supreme Court

Industries / Law : Overlawyered

It isn’t especially onerous for the Supreme Court to operate with eight Justices, as we know from earlier vacancies and recusals, note Josh Blackman and Ilya Shapiro [Wall Street Journal] History of election-year SCOTUS nominations ...

Constitutional law roundup

Industries / Law : Overlawyered

High court tees up case on ObamaCare constitutionality, potentially one of the most significant in decades [Ilya Shapiro, Cato] “Andrew Sullivan Is Wrong About the Supreme Court and Guns” [Damon Root] Trade groups’ advocacy: judge q...

Supreme Court roundup

Industries / Law : Overlawyered

“Cato Batted.500 at the Supreme Court, Still Besting the Government” [Ilya Shapiro] “Obama Has Lost In The Supreme Court More Than Any Modern President” [same, The Federalist] Scalia’s absence left a void this year, but (Friedrichs ...

Free speech roundup

Industries / Law : Overlawyered

Spirit Airlines v. DOT: “Government Can’t Silence Speech Criticizing Its Actions, Even If That Speech Is ‘Commercial’” [Ilya Shapiro/Sophie Cole, Cato] Virginia Supreme Court speedily rejects prior restraint against Yelp review [Pau...

Medical roundup

Industries / Law : Overlawyered

King v. Burwell: next ObamaCare showdown at Supreme Court [Ilya Shapiro and Josh Blackman, David Bernstein on Cato brief, Adler v. Bagley Federalist video, Michael Greve with theory of Justice Kennedy riding off to Colorado with Dag...

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