As the Supreme Court hears arguments about the individual mandate, a complete look at the history of similar constitutional decisions. Amid rampant speculation over the fate of Obamacare in the ...

^ Arnold: First commerce clause case was in 1847 Jones and Laughlin seems like a strange case to earn the dishonor of Mr. Moster's worst ever Supreme Court decision in that it was neither the first ...

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...

The Indian Commerce Clause will be a major issue in the Nov. 9 Supreme Court argument in Brackeen v. Haaland. The questions presented are: (1) Whether the Indian Child Welfare Act of 1978's placement ...