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Thursday round-up

Jason Harrow

March 22, 2012 13:51

The Court heard oral arguments in two cases yesterday. In Reichle v. Howards, a case arising from the Secret Service’s arrest of a man who touched former Vice President Dick Cheney and made an anti-war comment in a Colorado shopping mall, the Court considered whether the existence of probable cause...

Argument preview: Health care, Part III — Beyond the mandate

Jason Harrow

March 22, 2012 04:04

On Wednesday, March 28, the Supreme Court holds its third day of hearings on constitutional issues surrounding the new federal health care law.  This is the third of four articles that will appear on the blog this week, previewing the issues that the Court has agreed to review.  These articles...

Petition of the day

Jason Harrow

March 22, 2012 02:18

The petition of the day is:The petition of the day is: Attard v. City of New YorkDocket: 11-1055Issue(s): Does the Second Circuit’s requirement of new, “strong evidence” that an arbitral decision is factually wrong comport with Alexander v. Gardner-Denver Co., which leaves the weight accorded to an...

Court’s biotech case sends stern warning to Federal Circuit and software designers

Jason Harrow

March 21, 2012 22:00

Though most of the attention to yesterday’s decision in Mayo Collaborative Services v. Prometheus Laboratories Inc. has focused on its immediate implications for medical providers[link to LD’s entry, etc.], the broader effect of the case probably will be on the software industry.  Less than two...

Health care advocacy posts

Jason Harrow

March 21, 2012 21:30

In anticipation of next week’s oral arguments, several longer advocacy pieces have been written about the Affordable Care Act. Earlier this month, Randy Barnett wrote a post at the Volokh Conspiracy in which he distinguished the challenge to the individual mandate from Gonzales v. Raich and...