Shortly before the Supreme Court agreed to rule on the constitutionality of Obamacare's individual mandate, the U.S. Court of Appeals for the D.C. Circuit affirmed, 2-1, its constitutionality. Writing for the majority, Judge Laurence Silberman, a Reagan appointee, brusquely acknowledged that upholding the mandate means there is no limit to Congress' powers under the Commerce Clause. Fortunately, Silberman's stark assertion may strengthen the counterargument. Silberman forces the Supreme Court's five conservatives to face the sobering implications of affirming the power asserted with the mandate. Does Congress' enumerated power to regulate interstate commerce empower it to compel individuals, as a condition of living in America, to engage in a commercial activity? If any activity, or ina...
... Security with a system of mandatory private retirement accounts would be constitutional. So wo...
ZONING CONSTITUTIONAL LAW/CIVIL: Neighboring business and property owners lacked taxpayer standing under R.C. 733.59 to challenge the constitutionality of a notwithstanding ordinance permitting a homeless shelter next to their property where their objective in challenging the ordinanceto protect the character of the areawould benefit relatively few individuals in relation to the city as a whole, and did not seek the vindication of a public right as articulated by the Ohio Supreme Court in State ex rel. Teamsters Local Union No. 456 v. Bd. of Cty. Commrs., 132 Ohio St.3d 47, 2012-Ohio-1861, 969 N.E.2d 224. The trial court properly entered summary judgment on neighboring and business property owners declaratory-judgment claim, challenging the constitutionality of a notwiths...
... judgment to the City and the private party appellees on their declaratory judgment cl... 20, 1981), the Ninth District Court of Appeals, interpreted Bauman to hold that zoning proc...
Shortly before the Supreme Court agreed to rule on the constitutionality of Obamacare's individual mandate, the U.S. Court of Appeals for the D.C. Circuit affirmed, 2-1, its constitutionality. Writing for the majority, Judge Laurence Silberman, a Reagan appointee, brusquely acknowledged that upholding the mandate means there is no limit to Congress' powers under the Commerce Clause. Fortunately, Silberman's stark assertion may strengthen the counterargument. Silberman forces the Supreme Court's five conservatives to face the sobering implications of affirming the power asserted with the mandate. Does Congress' enumerated power to regulate interstate commerce empower it to compel individuals, as a condition of living in America, to engage in a commercial activity? If any activity, or ina...
... Security with a system of mandatory private retirement accounts would be constitutional. So wo...
... in the individual or in groups of individuals. By looking at specific cases, this Article will i...The Court implicitly appeals to intrinsic human dignity because the dignity of ... the confines of their homes and their own private lives and still retain their dignity as free perso...
This proposed rule would implement provisions of the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act), and the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA). This proposed rule reflects new statutory eligibility provisions; proposes changes to provide states more flexibility to coordinate Medicaid and the Children's Health Insurance Program (CHIP) eligibility notices, appeals, and other related administrative procedures with similar procedures used by other health coverage programs authorized under the Affordable Care Act; modernizes and streamlines existing rules, eliminates obsolete rules, and updates provisions to reflect Medicaid eligibility...
... Beginning in 2014, individuals and small businesses will be able to purchase priv... of uninsurance between disenrollment from private group health coverage and the beginning of enrollm...
... bear some resemblance to those of a private trustee,this analogy cannot be taken too far. The ... by petitioning the Court of Appeals for theFederal Circuit for a writ of mandamus di... NATION Opinion of the Court between individuals whether dealing at arm's length, astrustees and ...
...The Court of Appeals below held that the Texas statedecision controlled... from the adjudication ofstate-created private rights"); Collier on Bankruptcy¶3.02[2], p. 3-26,... "only to matters arisingbetween" individuals and the Government "in connectionwith the performa...
...Court Appeals to basically rebuff commission rules on a number o... that included bilking investors in a private investment fund he established. So you see, Mr. Ch... to us under Dodd-Frank to compensate individuals who provide the SEC with useful information about ...
... OF DUE PROCESS ARE MADE AVAILABLE TO INDIVIDUALS AND ENTITIES DIRECTLY TARGETED WITH SANCTIONS UNDE...(138) . The Appeals Chamber of the International Criminal Tribunal for... the opening of avenues of complaint for private citizens against oppressive action by government a...
...Alone among the Courts of Appeals to have addressedthe issue, the Court of Appeals f... the petition concerns a matterof solely private concern.' " 364 Fed. Appx. 749, 753 (CA32010) (qu... Petition Clause protects the right of individuals to appeal to courts and other forums establi...
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