John Marshall

If the Constitution is Dead, where does that leave Takings?

Justice Scalia is getting a lot of attention for his comment that the Constitution is “dead, dead, dead”, but obviously he didn’t mean that the Constitution is no longer in effect.  (See?  Intent theory sometimes is helpful, Nino.).  Rather, he meant that the Constitution does not have a meaning that changes over time.  It has …


The Supreme Court Strikes Down the Clean Air Act

Not, not really.  Not yet. Dan is a much more generous person than I am, and so it should be unsurprising that he believes that the Affordable Care Act cases do not threaten environmental law.  I respectfully dissent. The Affordable Care Act seeks to establish laws for the health insurance industry — an industry that …