Saturday, June 28, 2014

'Hobby Lobby and the Pathology of Citizens United'

The title of this post comes from this recent essay by Professor Ellen Katz, the abstract of which states:

This Essay explores a distinct way Citizens United v. Federal Election Commission promises to influence pending challenges to the Patient Protection and Affordable Care Act (ACA), and a host of cases to come. Specifically, the way Citizens United approached precedent will likely affect, and radiate well beyond, the current ACA challenges. Citizens United read a number of prior decisions to adopt rules those decisions deliberately chose not to espouse. While this is not an entirely new move for the Court, the contribution of Citizens United was to normalize this disconcerting stance. The Roberts Court seems increasingly comfortable approaching precedent just as it did in that case. This Essay identifies this move as a consistent practice across a number of decisions, and explains why it is cause for deep concern.

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Well, the Roberts Court. If you read the new opinion in Wurie and Riley then you must see that this Court has embraced old Framers notions of privacy and Constitutional protections. Read the opinion and then really examine your thoughts on what this so called Roberts Court is.

Posted by: Liberty1st | Jul 1, 2014 9:05:42 PM

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