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National Federation Of Independent Business V. Sebelius, Brannon P. Denning, Glenn H. Reynolds
National Federation Of Independent Business V. Sebelius, Brannon P. Denning, Glenn H. Reynolds
Brannon P. Denning
Using our now-famous "Five Takes" format, Glenn Reynolds and I analyze NFIB v. Sebelius from five different perspectives: (1) Sebelius as Marbury; (2) Sebelius as Bakke; (3) Sebelius and the "legitimating" power of judicial review; (4) Sebelius as a Thayerian decision; and (5) Sebelius as part of some long game of Chief Justice Roberts'.
Gonzales V. Carhart: An Alternate Opinion, Brannon P. Denning
Gonzales V. Carhart: An Alternate Opinion, Brannon P. Denning
Brannon P. Denning
This article, written as an mock Supreme Court opinion, addresses an issue not addressed in the Supreme Court's opinion upholding the federal Partial Birth Abortion Ban in Gonzales v. Carhart, 550 U.S. 124 (2007): Whether the ban was a valid exercise of Congress's Commerce Clause power. Applying the framework developed in Lopez and Morrison, the "Court" holds that it is not.
What Hath Raich Wrought? Five Takes, Brannon P. Denning, Glenn H. Reynolds
What Hath Raich Wrought? Five Takes, Brannon P. Denning, Glenn H. Reynolds
Brannon P. Denning
Written for a paper symposium on Gonzales v. Raich, 545 U.S. 1 (2005), we describe the effects of the decision on what had seemed a renewed interest on the part of the Court to limit federal power.