Will
Textualism Kill Obamacare? [Jeffrey Toobin in The New Yorker,
9/3/14]: The
Affordable Care Act is heading for another near-death experience in the Supreme
Court.
The Alitomayor Effect [Lawrence Tribe in Politico, 9/4/14]: Court coverage
often passes over two of the court’s more junior members, Justices Samuel Alito
and Sonia Sotomayor. Neither is easily reduced to caricature.
http://www.politico.com/magazine/politico50/2014/the-alitomayor-effect.html#.VAiQsiuxOAE
http://www.politico.com/magazine/politico50/2014/the-alitomayor-effect.html#.VAiQsiuxOAE
2016 Presidential Update [Sabato’s
Crystal Ball, 9/4/14]: It’s lonely at the top of the Republican field -- like,
“top of Mt. Everest” lonely.
CalBuzz: Can Neel Beat
the Spread? Plus New Poll Numbers [CalBuzz,
9/4/14]: Facing California’s most
prosaic election in memory, our Department of Spectator Sport Politics and
Insensate Choices is girding its loins (ow!) for the fall campaign by reviewing
the words of the late Senator Gene (Not Joe) McCarthy: “Being in politics is
like being a football coach,” Clean Gene famously said. “You have to be smart
enough to understand the game and dumb enough to think it’s important.”
Tragedy
or Triumph [Linda Greenhouse in the NY Times, 9/3/14]: NLRB v. Canning: “this narrowly technical
decision was a major victory for the president, considering the damage to
presidential authority the court might have done – and came very close to doing
– had it affirmed the lower court in functionally eliminating the recess appointment
power altogether. Only an inside-the-Beltway commentariat, infected by a toxic
politic atmosphere that obliterates all nuance, could have construed the
decision as a defeat – thus enabling the Republicans’ effort to sweep the
decision up into their false “presidential power grab” narrative.”
The Slippery Slope of Religious
Accommodation and How RFRA Is Teaching Legislators to Deny Accommodations in
the First Place [Justia,
9/4/14]: Professor Hamilton comments on the interpretation of the RFRA in a 5th
Circuit case involving Native American religion in Texas.
Fired Wal-Mart workers say they have
right to self-defense
[Salt Lake Trib, 9/3/14]: Utah's high court considers whether store policies
trump employees' right to defend themselves
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