:: welcome to

NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


"Scalialicious!"
-- Eve Tushnet


"Frankfurter was born too soon for the Web, but I'm sure that, had it been possible, there would have been the equivalent of Ninomania for Frankfurter."
-- Mark Tushnet
(I agree, and commented here.)


"The preeminent Scalia blog"
-- Underneath Their Robes


 Subscribe in a reader



Site Feed


Also please visit my opera blog, Box Five!

    follow me on Twitter



    Bloglinks:

    Above the Law, by David Lat

    Balkinization

    CrimLaw

    Duncan's Con Law Course Blog

    Eve Tushnet

    Eye of Polyphemus, by Jamie Jeffords

    How Appealing

    Hugh Hewitt

    Justice Thomas Appreciation Page

    Legal Theory Blog

    Lex Communis

    Opinio Juris

    Overlawyered.com

    Paper Chase (from JURIST)

    Point of Law (Manhattan Inst.)

    Professor Bainbridge

    Public Discourse

    Redeeming Law, by Prof. Mike Schutt

    SCOTUS Blog

    Volokh Conspiracy

    WSJ Law Blog





    Other fine sites:

    Alexander Hamilton Inst. for Study of Western Civilization

    Ave Maria School of Law

    Center for Thomas More Studies

    Family Defense Center

    The Federalist Society

    The Founders' Constitution

    George Mason University School of Law

    Immigration and Refugee Appellate Center

    Judged: Law Firm News & Intelligence

    JURIST

    Law Prose (Bryan Garner)

    Liberty Library of Constitutional Classics

    National Lawyers Association (alternative to ABA)

    Supreme Court decisions

    The Weekly Standard



    Something I wrote about marriage


    lawyer blogs


    [::..archive..::]
    ::

    :: Monday, April 02, 2012 ::
    Oh that judicial activism...!

    Actually, as Virginia AG Ken Cuccinelli points out in his e-letter "Cuccinelli Compass" today, upholding Obamacare would effectively overrule Marbury: it would require such extreme deference to congressional judgment as to what "commerce" is, what "substantially affects" it, etc., that the Court could no longer assert with a straight face that it exercises independent judgment on the constitutionality of the statutes Congress enacts, which Marbury affirmed it must do.

    The statute may be widely nicknamed Obamacare (a nickname recently embraced by the President himself, because, don't you know, "Obama cares"), but Congress, much more than the executive branch, would be the winner, according to Cuccinelli's provocative analysis. (Perhaps the act should be called Congresscare, or, more accurately, LameDuckDemocratCongress AboutToLosePowerCare.)

    All who think a majority of the Court -- a Court not significantly different from the one that decided e.g. City of Boerne and Boumedienne (both Kennedy opinions for the Court, striking down federal statutes) -- will line up to throw away its powers before an almighty Congress, line up here. Thought so.

    :: David M. Wagner 7:07 PM [+] ::
    ...

    Site Meter
    This page is powered by Blogger. Isn't yours?