Tag Archives | Elena Kagan

The Supreme Court Completes Its Inversion of the Commerce Clause

In its ruling on South Dakota v. Wayfair—basically, the ruling that means you will now have to pay goddamned sales tax on everything you buy online—the Supreme Court has completed the long arc of its interpretation of the Interstate Commerce Clause. It has taken a constitutional provision whose original purpose was to limit the power […]

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Killing Freedom Softly

Today, in a resounding 7-2 ruling, the Supreme Court affirmed that the government cannot crush your freedom unless they’re really nice about it. The court ruled in favor of Jack Phillips, a devout Christian and proprietor of Masterpiece Cakeshop, who had been prosecuted by the Colorado Civil Rights Commission for refusing to bake a cake […]

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