(Im)Proper Constitutionalism: Roberts’ Revenge?
Jun28

(Im)Proper Constitutionalism: Roberts’ Revenge?

Now that the original frenzy over the ACA ruling has died done (a little), folks are starting to dig a little deeper into the opinions (particularly Roberts’) to figure out what it means for the next case (incidentally, you can read the opinions here). Chief Justice Roberts’ formulation is that the individual mandate does not lie within Congress’ commerce clause power (nor the necessary and proper clause), but...

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Why Roberts Why?
Jun28

Why Roberts Why?

That must be the question conservatives are asking themselves today. After all, the prevailing wisdom (one I signed onto) was that this was a 5-4 decision one way or the other, with Kennedy holding the swing vote. Now, I thought maybe if Justice Kennedy bit, Roberts might come along — both to keep the decision from being yet another 5-4 ruling and to keep the opinion for himself. But Justice Kennedy voted to strike down the ACA...

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It’s Official: The GOP are now One-Staters
Jan19

It’s Official: The GOP are now One-Staters

Here’s the text of the latest RNC resolution on Israel: BE IT FURTHER RESOLVED, that the members of this body support Israel in their natural and God-given right of self-governance and self-defense upon their own lands, recognizing that Israel is neither an attacking force nor an occupier of the lands of others; and that peace can be afforded the region only through a united Israel governed under one law for all people. This is...

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Iowa Reveals GOP’s Anti-Israel Slant
Jan04

Iowa Reveals GOP’s Anti-Israel Slant

Cross-Posted to the Debate Link For the past few years, Republicans have incessantly attempted to argue that Barack Obama — one of the most authentically Zionist politicians America has ever seen — is “anti-Israel”. It was always a laughable claim. But it’s more so given the three Republican candidates who finished in an essential dead-heat for first place amongst Iowa Caucus voters: Mitt Romney, Rick...

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Post-Racialism and the End of Strict Scrutiny (Draft Posted)
Nov16

Post-Racialism and the End of Strict Scrutiny (Draft Posted)

I’ve got a new paper just posted on SSRN, entitled “Post-Racialism and the End of Strict Scrutiny”. Abstract is below, comments are appreciated! In recent years, a growing social consensus has emerged around the aspiration of a “post-racial” America: one where race is no longer a fault line for social strife or, perhaps, a morally significant trait whatsoever. This ambition, however, lies in tension with the most...

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