[Kurt Lash, guest-blogging] Why Slaughterhouse was right: The textual limits of the Privileges or Immunities Clause

The Slaughterhouse Cases is one of the most despised decisions in American constitutional law.  Scholars commonly describe the case as eviscerating the Privileges or Immunities Clause and closing the door on incorporating the Bill of Rights against the states. Neither assertion is true. In fact, Justice Miller’s opinion is remarkably consistent with the original understanding […]

Video of the Cato Institute panel on the Origination Clause challenge to the Obamacare individual mandate

The video of yesterday’s Cato Institute panel on the Origination Clause challenge to the Obamacare individual health insurance mandate is now available. The participants are Timothy Sandefur of the Pacific Legal Foundation (who had just argued the case in the DC Circuit Court of Appeals), Simon Lazarus of the liberal Constitutional Accountability Center, and myself. […]