July 1, 2014
by Kimberly Bennett
The US Supreme Court on Monday denied a petition for certiorari in an appeal from the US Court of Appeals for Ninth Circuit decision that California's Low Carbon Fuel Standard does not violate the Dormant Commerce Clause. The regulation requires reduction of carbon emissions for fuels. Emissions ...[read more]
September 19, 2013
by Sung Un Kim
The US Court of Appeals for the Ninth Circuit ruled Wednesday that California's Low Carbon Fuel Standard does not violate the Dormant Commerce Clause. The regulation requires reduction of carbon emissions for fuels. Emissions are measured by a "lifecycle analysis," which includes production and ...[read more]
July 20, 2013
by Andrew Morgan
Lawsuits challenging the enforcement of ACA have argued that the law violates various portions of the Constitution, most notably the Commerce Clause (Art. 1, Section 8, Clause 3), the Tax and Spending Clause (Art. 1, Section 8, Clause 8), the Supremacy Clause (Article VI, clause 2), and the Tenth ...[read more]
July 5, 2013
by Kyle Webster
On July 5, 1935, US President Franklin Delano Roosevelt signed the National Labor Relations Act (NLRA) into law. The NLRA is one of the foundational laws for labor and union rights in the US. It established the National Labor Relations Board (NLRB), the enforcement arm of the act. Republicans ...[read more]
May 27, 2013
by Zachariah Rivenbark
On May 27, 1935, the US Supreme Court decided A. L. A. Schechter Poultry Corp. v. United States, holding that the National Industrial Recovery Act was unconstitutional. The Court held the Act unconstitutional in part because Congress violated the separation of powers by bestowing the president ...[read more]
July 25, 2012
by Michael Kalis
JURIST Guest Columnist Robin West of the Georgetown University Law Center says that Chief Justice Roberts's conviction that the individual mandate is not authorized by the Commerce Clause is evidence of a new, anti-collectivist conception of individual rights that is growing in popularity...Less ...[read more]
November 30, 2011
by Meagan McElroy
On November 30, 2010, a judge for the US District Court for the Western District of Virginia dismissed a lawsuit brought by Liberty University challenging the constitutionality of the individual mandate of the Patient Protection and Affordable Care Act (PPACA), as well as its requirement that ...[read more]
October 7, 2011
by Dwyer Arce
On October 7, 2010, a judge for the US District Court for the Eastern District of Michigan ruled that a provision of the health care reform law requiring all individuals to maintain health insurance or pay a penalty was constitutional. The suit, filed by conservative public interest group the ...[read more]
September 18, 2011
by Ben Klaber
JURIST Guest Columnist Steven D. Schwinn of the John Marshall Law School in Chicago says that the Eleventh Circuit ignored the text, history and jurisprudence of the Constitution in its recent health care ruling, which will likely not be adopted by the Supreme Court given recent rulings on ...[read more]
September 14, 2011
by Ashley Hileman
A judge for the US District Court for the Middle District of Pennsylvania ruled Tuesday that a provision of the Patient Protection and Affordable Care Act (PPACA) requiring individuals to purchase health insurance is unconstitutional. The challenge was brought by a self-employed couple that would ...[read more]

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