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The Supreme Court Health Insurance Precedent No One Is Talking About

by Dan Bushell | Mar 27, 2012 | Constitutional Litigation

It turns out that the case challenging the ACA’s individual mandate isn’t the first time the Supreme Court has been confronted with questions about the interplay of the health insurance and health care markets. The previous case, called Blue Shield of...

Litigation Lessons From the 9th Circuit’s Decision in Perry v. Brown

by Dan Bushell | Feb 8, 2012 | Constitutional Litigation

I may be the only person in the world who is more interested in the 9th Circuit’s decision in Perry v. Brown, (the much publicized suit over the constitutionality of California’s Proposition 8) for its lessons in advocacy than for its political issues. I...

DCAs Call Up Major Cases for Post-Labor Day Oral Argument (Updated)

by Dan Bushell | Sep 7, 2011 | Constitutional Litigation, Florida District Courts of Appeal, Probate Litigation

So much for easing back to work after the long weekend.  At least for judges in the First District and Fourth District Court of Appeal.  As the Miami Herald reports, the 1st DCA is hearing consolidated oral argument this afternoon in Florida Gaming Centers,...

Amici Curiae Influential in 11th Circuit’s PPACA Decision

by Dan Bushell | Aug 16, 2011 | Constitutional Litigation, Eleventh Circuit Court of Appeals

If you read through all 207 pages of 11th Circuit Judge Hull and Judge Dubina’s co-authored majority opinion in Florida v. U.S. Department of Health and Human Services, you’ll notice that although the state Attorneys General succeeded in having the Health...

Can Orlando Limit Homeless Groups’ Park Usage? En Banc 11th Circuit Says Yes

by Dan Bushell | Apr 18, 2011 | Constitutional Litigation, Eleventh Circuit Court of Appeals

Orlando City officials received good tidings on April 12, 2011, as 11th Circuit, sitting en banc, ruled in the City’s favor in First Vagabonds Church of God v. City of Orlando, No. 08-16788. The Court unanimously upheld an Orlando ordinance enacted to keep...
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