Category Archives: Articles

Slate: The Temptations of the Court

(3/27/2012) Simon Lazarus. By the third day of Supreme Court arguments over the Affordable Care Act, people may be inclined to tune out. They shouldn’t. The final hour may be of far greater consequence than anything else the court hears … Continue reading

Posted in Articles | Comments Off on Slate: The Temptations of the Court

The Court House Door Stays Open, But It’s Not Over Yet

In this blog, Rochelle Bobroff outlines the good, bad and ugly parts of the Douglas v ILC decision on Februrary 22,2012. America Constitution Society Blog

Posted in Articles | Tagged | Comments Off on The Court House Door Stays Open, But It’s Not Over Yet

Hertz or Avis? Progressives’ Quest to Reclaim the Constitution and the Courts

In this Ohio State Law Journal article, Simon Lazarus details the challenges posed by the “increasingly reactionary and radical conservative agenda” in relation to the role of the Constitution and the courts.

Posted in Articles | Tagged , , | Comments Off on Hertz or Avis? Progressives’ Quest to Reclaim the Constitution and the Courts

Hand Wringing on Health Care

SLATE (1/9/2012). By Simon Lazarus. Hand Wringing on Health Care.  Republican appointees have concluded that upholding the ACA mandate is compelled by the text of the Commerce Clause and Supreme Court precedent, that it is no more “coercive” than other measures, … Continue reading

Posted in Articles | Tagged , , | Comments Off on Hand Wringing on Health Care

The Medicaid Ambush

SLATE,  The Medicaid Ambush (11/14/11) The Supreme Court’s unexpected and astounding reasons for wanting to hear a challenge to Obamacare.  By Simon Lazarus and Dahlia Lithwick. The Supreme Court agreed Monday to hear a challenge to the Affordable Care Act, … Continue reading

Posted in Articles | Tagged , , | Comments Off on The Medicaid Ambush

ACS Blog: Gloves Off: Justices Ask Pointed Questions in Opening Day Case on Court Access

(October 4, 2011) Rochelle Bobroff writes on the Douglas v. ILC oral argument. The Supreme Court justices started the new court term with piercing questions to all the attorneys arguing the opening case, which presents an important court access issue.  … Continue reading

Posted in Articles | Comments Off on ACS Blog: Gloves Off: Justices Ask Pointed Questions in Opening Day Case on Court Access

ACS Blog: In Under-Reported D.C. Circuit Oral Argument, Prominent Republican Judges Suggest Novel Arguments for Upholding Health Care Law’s Individual Mandate

(9/26/11) Simon Lazarus writes that the two Republicans on the three-judge panel, Reagan appointee Laurence Silberman and Bush II appointee Brett Kavanaugh, displayed in-depth grasp and even sympathy for arguments supporting the mandate…At a minimum, neither judge showed an appetite … Continue reading

Posted in Articles | Comments Off on ACS Blog: In Under-Reported D.C. Circuit Oral Argument, Prominent Republican Judges Suggest Novel Arguments for Upholding Health Care Law’s Individual Mandate

ACS Blog:Opening Day at the Supreme Court Could Shut Courthouse Doors to the Poor

(9/28/2011) Rochelle Bobroff on the significance of Douglas v Independent Living Center case that the Supreme Court  hears Oct. as its very first oral argument for the new term. The case is of vital importance to low income individuals, including older … Continue reading

Posted in Articles | Comments Off on ACS Blog:Opening Day at the Supreme Court Could Shut Courthouse Doors to the Poor

ACS: In Under-Reported D.C. Circuit Oral Argument, Prominent Republican Judges Suggest Novel Arguments for Upholding Health Care Law’s Individual Mandate

Last Friday, Sept. 23, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments on the constitutionality of the Affordable Care Act (ACA) individual mandate… The two Republicans on the three-judge panel, Reagan appointee Laurence Silberman … Continue reading

Posted in Articles | Comments Off on ACS: In Under-Reported D.C. Circuit Oral Argument, Prominent Republican Judges Suggest Novel Arguments for Upholding Health Care Law’s Individual Mandate

ACS Blog: Potent Support for the Affordable Care Act Mandate From an Improbable Source

6/30/2011 — In a blog about the 6th District Court of Appeals decision on the health reform law, NSCLC’s Simon Lazarus writes: ” ..what Judge Sutton thinks about the constitutionality of the mandate actually matters a lot to the future debate … Continue reading

Posted in Articles | Comments Off on ACS Blog: Potent Support for the Affordable Care Act Mandate From an Improbable Source