Gillette-Torvik Blog

Fan(s)™ of my Platinum Coin series surely knew where I stood on the latest challenge to Obamacare, King v. Burwell , which challenged wheth...

We haven't yet discussed the latest legal challenge to Obamacare, which is now in the news thanks to conflicting decisions issued by the...

One thing that some lawyers like to do is to wreck the weekend of their adversary. For example, a lot of lawyers like to serve motion papers...

Mr. Torvik asked me the other day  if I had a "better theory to explain Judge Posner's contrarian musings" about the dissent i...

Jeffrey Toobin, a noted Supreme Court expert and famed prognosticator , has an essay on the Obamacare case in the latest issue of The New Y...

The Supreme Court has upheld Obamacare .  Mr. Torvik and I were right on the result but wrong on whether Justice Kennedy would be in the maj...

--Gillette-Torvik Blog, July 18, 2010, "Constitutionality of the 'individual mandate' in the health insurance reform bill....

I was going to title this post "D-Day," but then I saw that Linda Greenhouse already has a post by that title up at the New York ...

"...Here I was, in my silly little office, thinking law mattered, and it really didn’t. What mattered was politics, money, party, and p...

As reader(s)™ of the Blog know well, I am kind of obsessed with the constitutional challenge to the individual purchase requirement of Obam...

Given that this is Good Friday  (as opposed to other Fridays, those are usually just good ); and that we have been doing a fair amount of po...

I've seen many pundits accuse Justice Scalia of spewing " well-trod Tea Party cleverisms " during oral arguments. For example,...

In an exclusive interview with ABC News , Clinton complains that the conservative justices on the Supreme Court "didn’t make the plain...

As Mr. Gillette recently pointed out , I " predicted " back in 2010 that the Supreme Court would uphold the individual mandate und...

During oral argument in the Obamacare case, one of the most heated issues was whether the individual mandate is consistent with any "...

The morning and afternoon sessions of the Supreme Court's hearing on the constitutionality of Obamacare are done.  The morning transcrip...

I first started reading Slate when I was in law school.  I don't recall how I found out about it, but the feature that caught my attent...

UPDATE DAY 2:  The transcript of day 2 of the oral argument is here .  Justice Thomas did not speak.  Pages 41 and 87 of the transcript are ...

I call the health insurance reform legislation that President Obama spearheaded "Obamacare." I prefer this to any of the alternati...

First, I thought I'd point out an interesting back-and-forth between Randy Barnett and Jack Balkin  about the constitutionality of the i...