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Tag: Clement

Poor Don Verrilli, or, "Thank you, sir, may I have another?"

By The Wizard of Laws, Section News
Posted on Thu May 10, 2012 at 03:33:30 PM EST
Tags: Alito, Arizona, Bacon, Clement, health care, immigration, Kennedy, preemption, Scalia, Sotomayor, Supremacy Clause, Verrilli (all tags)

Donald Verrilli, Jr. is the Solicitor General of the United States. He argues the federal government's position in the most important cases that reach the U.S. Supreme Court.

He's not having a good 2012.

After getting pounded by the court in the health care litigation arguments (see here and here), he had to turn around less than a month later and argue that Arizona's immigration law, SB 1070, had been preempted by federal immigraton law. The case, Arizona v U.S., featured another legal beat-down and, unlike the health care cases, the liberal wing of the court didn't exactly leap to his defense. To top it off, his Arizona opponent was the same person he had faced in the health care cases - the great Paul Clement.

(6 comments, 1926 words in story) Full Story

Understanding the Health Care Litigation, Part Three

By The Wizard of Laws, Section News
Posted on Tue Mar 27, 2012 at 11:02:41 PM EST
Tags: Clement, health care, medicaid, Obamacare, severability, states, Verrilli (all tags)

Cross-posted in the Wizard of Laws.

First, the gloating.

Yesterday, I wrote: "Commerce doesn't exist to be regulated until people engage in commerce. The ACA forces people to engage in commerce, then regulates them."

Today at the Supreme Court, Justice Kennedy asked the Solicitor General: "Can you create commerce order to regulate it?"

Now, I'm not saying that Justice Kennedy checks out the Wizard of Laws before important arguments, but is it more than a coincidence that his first question to the Solicitor General echoed the Wiz? Just sayin'.

Now, to business.

(7 comments, 1004 words in story) Full Story