In 1921, a certain John Mohammed Ali became a naturalized citizen of the US. In 1925, this grant of citizenship was contested (United States v. Ali 7 F.2d 728 (1925) by Martin J. Kilsdonk, a United States naturalization examiner. His affidavit: [A]lleges in substance that said defendant was born in Karpurthala, in the province of Punjab,Continue reading “The Cruelest Cut Of All: Punjabis Are Not White”
Tag Archives: Supreme Court
The Trials Of Muhammad Ali
We all know the story: In 1967, three years after winning the heavyweight title, [Muhammad] Ali refused to be conscripted into the U.S. military, citing his religious beliefs and opposition to American involvement in the Vietnam War. The U.S. government declined to recognize him as a conscientious objector, however, because Ali declared that he wouldContinue reading “The Trials Of Muhammad Ali”
Richard Epstein’s Overdetermined Critique of the Roberts Ruling
Richard Epstein offers an interesting critique–based on the alleged inseparability of the power to regulate commerce and the power to tax–of John Roberts’ ruling in the ACA case. If it’s not an activity the government can regulate, then it’s not something the government can tax either. Thus, Justice Roberts should have struck down the individualContinue reading “Richard Epstein’s Overdetermined Critique of the Roberts Ruling”
Justice Roberts is Playing a Long Game
Time now to tabulate the damage done by yesterday’s Supreme Court ruling in National Federation of Independent Business et al. vs Sebelius, Secretary of Health and Human Services et al. While Justice Roberts has made himself look extremely distinguished, statesmanlike, non-partisan, and touchingly concerned about his place in posterity, an appraisal that I’m sure he was soakingContinue reading “Justice Roberts is Playing a Long Game”
The End is Nigh: The ACA Is Upheld (Sort Of)
Today’s blog post writing hasn’t gone so well. I thought of writing a post on the correspondence between Voltaire and Rousseau, as a way of reminding ourselves of the 300th birth anniversary of the latter, then, perhaps commenting on the connections between Frankenstein and Romanticism, and then finally, noting Aquinas’ resolution of the theological problemsContinue reading “The End is Nigh: The ACA Is Upheld (Sort Of)”
That Scalia Sure Chopped the Individual Mandate Like Broccoli!
I’ve now taught Philosophy of Law twice: first, in Spring 2007, and then later, two sections in Spring 2011. An important section of the class syllabus, once we have completed a comparison and discussion of natural law, positivist, and legal realist theories of the law, is legal reasoning. And invariably, an important topic in legalContinue reading “That Scalia Sure Chopped the Individual Mandate Like Broccoli!”