IN THE RECENT decision of the Supreme Court on the constitutionality of the Affordable Care Act, National Federation of Independent Business v. Sebelius, the opinions cited a myriad of precedents, or past decisions of the Supreme Court. Every Justice who wrote claimed that his or her position was consistent with, even dictated by, the precedents. This is an annual sight in Washington toward the end of June when the decisions on politically charged cases are delivered: as surely as the swallows return to Capistrano, so too the Justices turn to precedent to justify their decisions.
Read Full Article »
