When is a tax not a tax? Ask Chief Justice Roberts

Jun 28, 2012 By: Jeremy Byellin

The Supreme Court’s ruling in the health care law challenge on the Anti-Injunction Act and Congress’s Taxing Clause powers creates somewhat of a weird contradiction.

SCOTUS limitation on Medicaid expansion matters more in principle than practice

Jun 28, 2012 By: Jeremy Byellin

The Supreme Court’s ruling on the ACA’s Medicaid expansion softens penalties for noncompliant states, but in practice, most states will still comply.

In health care ruling, Roberts gives Congress broad Taxing Clause powers

Jun 28, 2012 By: Jeremy Byellin

This morning’s Supreme Court decision upheld the Affordable Care Act nearly in its entirety, but did so on Taxing Clause, rather than Commerce Clause, grounds.

Post-oral arguments Arizona v. U.S. prediction update

Apr 26, 2012 By: Jeremy Byellin

On Wednesday, April 25, the Supreme Court heard oral arguments in Arizona v. U.S., the Federal Government’s challenge to SB 1070. Here are my updated predictions.

Court Time: SCOTUS continues to eviscerate human rights protections in court

Apr 25, 2012 By: Jeremy Byellin

In its recent Mohamad v. Palestinian Authority ruling, the Supreme Court continued its trend of shielding corporations and organizations from liability stemming from acts of torture.

Court Time: SCOTUS upholds strip searches of minor offense arrestees

Apr 4, 2012 By: Jeremy Byellin

The Supreme Court ruled on Monday in Florence v. Board of Chosen Freeholders of the County of Burlington that it is constitutional to strip search minor offense arrestees.

Today in 1824: Gibbons v. Ogden, the first Commerce Clause case, is decided

Mar 2, 2012 By: Jeremy Byellin

On March 2, 1824, the Supreme Court decided Gibbons v. Ogden, marking the start of a turbulent history in Commerce Clause jurisprudence that continues today.

FantasySCOTUS predictions: The FCC, the F-word, and wardrobe malfunctions

Jan 17, 2012 By: Jeremy Byellin

The Supreme Court will hear Fox and ABC’s challenge to the FCC’s power to regulate “indecency” on broadcast TV. Here is my prediction on how the Court will rule.

FantasySCOTUS predictions: Arizona’s immigration law v. United States

Jan 10, 2012 By: Jeremy Byellin

The Supreme Court will hear the federal government’s challenge to Arizona’s immigration reforms. Here is my prediction on how the Court will rule.

2011 in review: The top 20 legal stories, part 3

Dec 21, 2011 By: Jeremy Byellin

(Editor’s note: Throughout December, the last month of the year, we’ll be looking at the top 20 legal events of 2011, as