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Stephen Breyer

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  • Five years after Citizens United ruling, big money reigns

    Five years after Citizens United ruling, big money reigns
    If you're wondering why issues favored by a majority of Americans such as raising the minimum wage, gun control and net neutrality get scarcely any attention in the halls of Congress, the Citizens United case is the reason.
  • Noah Feldman: Why judicial elections are idiotic and bad for law

    Judicial elections are idiotic, but 38 states (including Pennsylvania) have them in some form. The U.S. Supreme Court grappled Tuesday with the contradiction inherent in using the electoral process to select public officials whose primary obligation is to...

    Noah Feldman: Two rulings show how Scalia could kill the Affordable Care Act

    Noah Feldman: Two rulings show how Scalia could kill the Affordable Care Act
    Justice Antonin Scalia was missing from the bench Tuesday morning when the U.S. Supreme Court handed down two statutory interpretation cases — apparently he was stuck in traffic. But even in his physical absence, Scalia's presence was looming. It'...

    Court Got It Right On Out-Of-Date Voting Act

    Progressives resent progress when it renders anachronistic once-valid reasons for enlarging the federal government's supervisory and coercive powers. Hence they regret Tuesday's Supreme Court ruling that progress has rendered Section 4 of the 1965...

    Obamacare likely heading to Supreme Court, again

    Obamacare likely heading to Supreme Court, again
    Just when you thought it was safe to get back in the water, the judges in Washington took another big chomp out of the Affordable Care Act. No, not the Supreme Court. This time it was the U.S. Court of Appeals for the D.C. Circuit. In a 2-1 panel...