I have reminisced at length about my student days at the University of Texas School of Law (here), and also expressed concern about the leftward drift of the Texas Law Review, on whose editorial board I served during 1979-80 (here). Recent events have only heightened my concerns (here). Specifically, on February 7-8, 2019, the TLR is co-hosting (with the left-leaning American Constitution Society) a constitutional law symposium at the law school, entitled “Reclaiming—and Restoring—Constitutional Norms,” that appears to be little more than an anti-Trump political rally. The announcement is here.
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Rarely do challengers of landmark legislation get a second bite at the apple in constitutional litigation. Thanks to some enterprising state attorneys general, however, champions of limited government may have another chance to overturn the signature overreach of the Obama Administration. Six years after Obamacare was initially upheld, opponents of the law (technically “The Patient Protection and Affordable Care Act,” or “ACA”) are preparing a second test case, based—ironically enough—on the implausible rationale of the initial ruling.