The journalists and activists challenging the National Defense Authorization Act (NDAA) in federal court may have moved the case against the due-process-denying law a little closer toward a final hearing on the merits of their complaint.
The most important rule in constitutional law, the late Justice William Brennan liked to tell his law clerks, is "the rule of five." Five votes out of nine on the high court are all it takes to make constitutional law and change the course of history.
The Arizona legislature is currently considering the Candidate Certification Bill, a so-called "birther" measure which directly calls into question Barack Obama’s eligibility to serve as President. If successful, the legislation would determine if the President's name may be placed on the Grand Canyon State's ballot in November.
Chief Justice John Roberts said Wednesday what has long been known but seldom spoken. During the third and final day of Supreme Court hearings on whether the Patient Protection and Affordable Care Act of 2010 is unconstitutional, Roberts said states have been compromising their sovereignty for decades through increased reliance on the federal government for money and accompanying directions on the governance of state affairs.
Supreme Court justices and opposing lawyers grappled with the question of limits on the power of Congress to regulate interstate markets Tuesday in the middle of three days of hearings at the high court over the constitutionality of the Patient Protection and Affordable Care Act, the healthcare reform bill passed by Congress and signed by President Obama in 2010. There were even sharp differences over just what market is being regulated under the act, who is in it, and when and how one enters it. At one point Justice Stephen Breyer suggested that everyone enters the federally regulated healthcare market upon entering the world.