Category: Law

It’s Conceivable That Invisible Space Aliens Are Flying Among Us: The Insanity of the Rational Basis Test

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As long as a court can conceive of a justification for some challenged laws, then it will decline to intervene.  This conceivable justification does not have to be a good one, and the government does not even have to offer, much less prove, one!  This is an extremely deferential, pro-government standard of review. (Keep reading)

Just Because an Altruistic Motive Animates a Horizontal Agreement Between Competitors Doesn’t Mean That the Agreement Promotes Consumer Welfare

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One of my former law professors is undoubtedly correct in his positive statements of antitrust law.  Where I part ways with him in considering whether it should apply to an agreement between BMW, Ford, Honda, Volkswagen, and California to develop greener cars is that I am not persuaded that the agreement will promote consumer welfare. (Keep reading)

Some Flawed History on “Stolen” Supreme Court Seats

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Senate Republicans did not “steal” a seat from Merrick Garland, President Obama, or the Democrats.  They simply declined to consider him at all, which they are well within their prerogative to do under the Constitution. (Keep reading)