Showing archive for: “Supreme Court”
Meese on Bork (and the AALS)
William & Mary’s Alan Meese has posted a terrific tribute to Robert Bork, who passed away this week. Most of the major obituaries, Alan observes, have largely ignored the key role Bork played in rationalizing antitrust, a body of law that veered sharply off course in the middle of the last century. Indeed, Bork began his 1978 ... Meese on Bork (and the AALS)
Why the Affordable Care Act, as Construed by the Supreme Court, Will Fail
I’ve recently posted to SSRN a new paper with the same name as this post. The paper asserts, in greater detail, a number of points I’ve previously made on TOTM: Health insurance premiums will rise under the (SCOTUS-modified) ACA, because the Act’s “guaranteed issue” and “community rating” mandates will generate widespread adverse selection that cannot be ... Why the Affordable Care Act, as Construed by the Supreme Court, Will Fail
It’s Settled Then!
You pronounce the petitioners name in Leegin Creative Leather Products, Inc. v. PSKS, Inc.: lee-j?n. That and other SCOTUS pronunciation debates resolved here (courtesy of the Green Bag and the Yale Law Library).
Why Roberts’ Tax Reasoning Ultimately Damns the Affordable Care Act (But Not in a Good Way)
There’s great irony in Chief Justice Roberts’ reasoning in the recent Affordable Care Act ruling. In reading the ACA to impose a tax for failure to carry health insurance, thereby assuring the Act’s constitutionality, Justice Roberts also doomed the Act to failure. Let me explain. As the government repeatedly stressed, the individual mandate (now interpreted as a disjunctive order either to carry health insurance ... Why Roberts’ Tax Reasoning Ultimately Damns the Affordable Care Act (But Not in a Good Way)
David Post on Issue Versus Outcome Voting in NFIB v. Sebelius
David Post has a really interesting post this morning on the Volokh Conspiracy about the implications of issue versus outcome voting in NFIB v. Sebelius. Post and Steve Salop’s 1992 Georgetown Law Journal article sets forth an analysis of issue versus outcome voting. The blog post works through that analysis in the context of the ... David Post on Issue Versus Outcome Voting in NFIB v. Sebelius
Justice Roberts Disses Economists
I’ve got nothing to add on the substantive merits of today’s big decision – but the following line got my attention: To an economist, perhaps, there is no difference between activity and inactivity; both have measurable economic effects on commerce. But the distinction between doing something and doing nothing would not have been lost on the ... Justice Roberts Disses Economists
Earl Warren and John Roberts
President Eisenhower appointed Earl Warren to the Supreme Court thinking that Warren was a conservative. Of course,Warren turned out to be a very liberal Justice. Eisenhower later said that appointing Warren was the biggest mistake of his presidency. Is John Roberts the Earl Warren of this century?
SCOTUS Grants Certiorari in Phoebe Putney
From Bloomberg: The U.S. Supreme Court said it will decide whether states can block antitrust scrutiny of hospital mergers such as Phoebe Putney Health System Inc.’s acquisition of Palmyra Park Hospital in Georgia. The justices today said they will hear the Federal Trade Commission’s appeal of a U.S. appellate court ruling that the proposed purchase of HCA Inc.-owned ... SCOTUS Grants Certiorari in Phoebe Putney
New Online Submission Website For Supreme Court Economic Review
I am the co-editor of the Supreme Court Economic Review, a peer-review publication that is one of the country’s top-rated law and economics journals, along with my colleagues Todd Zywicki and Ilya Somin. SCER, along with its publisher, the University of Chicago Press, have put together a new submissions website. If you have a relevant submission, please ... New Online Submission Website For Supreme Court Economic Review
The folly of the FTC’s Section Five case against Google
In the past weeks, the chatter surrounding a possible FTC antitrust case against Google has risen in volume, thanks largely to the FTC’s hiring of litigator Beth Wilkinson. The question remains, however, what this aggressive move portends and, more importantly, why the FTC is taking it. It is worth noting at the outset that, as ... The folly of the FTC’s Section Five case against Google
Got L&E Scholarship? Consider Submitting to the Supreme Court Economic Review
A colleague sent along the 2011 Washington & Lee law journal rankings. As co-editor of the Supreme Court Economic Review (along with Todd Zywicki and Ilya Somin) I was very pleased to notice how well the SCER is faring by these measures. While these rankings should always be taken with a grain of salt or ... Got L&E Scholarship? Consider Submitting to the Supreme Court Economic Review
The Efficiency of Cable Bundling
As I noted in a post last month, the Ninth Circuit recently threw out an antitrust challenge to cable operators’ refusal to provide cable channels on an a la carte, rather than bundled, basis. (Josh also had some insightful comments on the Ninth Circuit’s Brantley decision.) In my post, I promised that I would later ... The Efficiency of Cable Bundling
