The long slow death of conservative judicial restraint. In his recent opinion upholding the constitutionality of the Patient Protection and Affordable Care Act’s mandate that all Americans purchase health insurance, conservative 6th Circuit Judge Jeffrey Sutton adopted what used to be a very common conservative legal position: judicial deference. The battle over ... MOREDamon W. Root: ObamaCare and Strict Scrutiny
The long slow death of conservative judicial restraint. In his recent opinion upholding the constitutionality of the Patient Protection and Affordable Care Act’s mandate that all Americans purchase health insurance, conservative 6th Circuit Judge Jeffrey Sutton adopted what used to be a very common conservative legal position: judicial deference. The battle over ... MORE