Entries Tagged as 'Originalism'

Res Judicata: Anthony Kennedy, The Unprincipled Justice

August 22nd, 2011 at 1:52 am 55 Comments

The brewing controversy about President Obama’s healthcare law means that the case will end up in the Supreme Court. One appellate court has upheld the constitutionality of the law (by a 2-1 vote) and another has struck it down (by a 2-1 vote).

Splits on appellate panels are rare. Two split opinions on the same question are even rarer, maybe unprecedented. Within the next month a third appellate court will issue its opinion. Then the Supreme Court will be petitioned to take these cases and decide whether the federal government has the constitutional authority to mandate people to buy health insurance.

Click here to read more