Farmer, Roscoe Filburn, with wheat grains

Gonzales v. Raich 545 U.S. 1 (2005)

U.S. Supreme Court – Argument Transcript

November 29, 2004


United States v. Lopez – 514 U.S. 549 (1995)

U.S. Supreme Court

April 26, 1995



Commerce Clause Is Coming to Town

Fox News Channel Transcript of Paul Gigot and David Rivkin via WSJ Editorial Report

March 25, 2012


Health care law: Legal challenge hinges on wheat, pot farmers, tax collection

Karoun Demirjian

March 25, 2012


Liberty and Obamacare

WSJ Review & Outlook

March 22, 2012


Wickard v. Filburn: Federalism v. Congress

Dr. Worden

March 22, 2012


Individual mandate is constitutional

Leslie Meltser Henry and Maxwell L. Stearns

March 22, 2012


Health law could hinge on wheat, pot and broccoli

Josh Gerstein

March 22, 2012


Dean Jim Chen’s Work Cited in NYT: Wickard v. Filburn

Susan Scheider

March 21, 2012


Health Care Hearings — What to Listen for (Part 1 of 2)

Lyle Denniston

March 21, 2012


At Heart of Health Law Clash, a 1942 Case of a Farmer’s Wheat

Adam Liptak

March 19, 2012


Wickard v. Filburn


March 17, 2012


How FDR’s Supremes Enabled ObamaCare

Ellis Washington

March 16, 2012


Now you have gone too far, Mr. President

Lance Morgan

March 15, 2012


Legal precedents to clash as health care law goes to high court

Paige Winfield Cunningham

March 12, 2012


Why Obama’s Healthcare Law is Constitutional

David Cole

March 7, 2012


Antonin Scalia’s ObamaCare Problem

Damon W. Root

March 1, 2012


Obamacare challenged as ‘forcible economic rape’

Bob Unruh

February 15, 2012


Meet Roscoe Filburn, the Dead Farmer at the Center of the ObamaCare Case

Damon W. Root

January 30, 2012


Long-Dead Ohio Farmer, Roscoe Filburn, Plays Crucial Role in Health Care Fight

Ariane de Vogue

January 30, 2012


Publisher’s Platform: What Are Utah, New Hampshire Afraid Of?

Bill Marler

January 29, 2012


An Unhealthy Exercise of Federal Power

Chip Mellor

January 25, 2012


Wickard v. Filburn


January 22, 2012


The Supreme Court and the Individual Mandate: The Wind Beneath Whose Wings?

Miles Zaremski

January 12, 2012


The Constitution is a lot like Dorian Gray

David Ziemer

January 10, 2012


World War II and the Genesis of ObamaCare

Byron W. King

December 17, 2011


Wickard v. Filburn

Tarheel Red

December 6, 2011



Supreme Court Fourth Circuit deliberates

Adam Ondo

December 1, 2011


Obamacare’s Constitutional malpractice

Jeffrey Hadden

November 29, 2011


The Bell Tolls for Obamacare

Peter Ferrara

November 23, 2011


What Is Constitutional Conservatism?

Yuval Levin

November 22, 2011


Elbert: Old farm law may influence health care

David Elbert

November 19, 2011


Wicked Wickard v. Filburn Does Not Immunize ObamaCare

Timothy H. Lee

November 17, 2011


How Conservative Judges Just Provided the Most Authoritative Legal Defense of Obamacare

Bruce Brown

November 12, 2011


For Health Care Freedom, Overturn Wickard v. Filburn

Avik Roy

November 10, 2011


A Counterintuitive Feast of Omnibus Blogging

Steven Hayward

November 10, 2011


Silberman’s Lazy Endorsement of Obamacare’s Individual Mandate

Avik Roy

November 9, 2011


Wheat, Weed and Obamacare


November 2, 2011


A New Warren (Buffett) Supreme Court?

Daniel Shuchman

November 2, 2011


FDA Continues Efforts to Expand Power Over Intrastate Commerce

William T. Koustas & John R. Fleder

October 26, 2011


What About Wickard?

Randy Barnett

October 14, 2011


The Left’s Love of Rights-Stripping

Tim Gordon

October 10, 2011


Law Prof.: Expect SCOTUS to Kill Obamacare

Stephen B. Presser

October 5, 2011


Obamacare Legal News Gone Wild

Ilya Shapiro

September 29, 2011


Health Care Reform Gamble Headed to Supreme Court

Logan Penza

September 29, 2011


Middle District of Pennsylvania Rules Three Obamacare Provisions Unconstitutional

Peter J. Reilly

September 28, 2011


Why We’re Reading Hayek Again

Steven Hayward

September 25, 2011


The Constitution May Not Be Perfect — But it is Much Better than What We Have Now!

Fred Smith

September 23, 2011


The “Individual Mandate” and the Constitution — Purely a Matter of Timing

Paul Abrams

September 23, 2011


The heart of political disagreement

Robert Meyer

September 22, 2011


Obamacare’s Fate Rests With Poor Farmer Filburn

Daniel Fisher

September 14, 2011


Roscoe goes to the emergency room

Gene Fischer

September 7, 2011


Upholding Constitutionality of Individual Mandate Would Set a Dangerous Precedent

Horace Cooper

August 2011


Res Judicata: Anthony Kennedy, The Unprincipled Justice

Howard Foster

August 22, 2011


Obamacare Heads to the Supreme Court

Doug Bandow

August 19, 2011


‘The Constitution Requires Judicial Engagement, Not Judicial Abdication,’ Writes the 11th Circuit, and Then Leads by Example

Trevor Burrus

August 16, 2011


The Individual Mandate Ruling – Round I

Hadley Heath

August 16, 2011


ObamaCare, the Mandate, and the Limits of Congressional Power Under the Commerce Clause

Peter Suderman

August 15, 2011


We know it is unconstitutional, but thank you

Dr. Tamzin Rosenwasser

August 15, 2011


What’s at stake in the Obamacare cases

Jim Huffman

August 15, 2011


The Most Important Case You Never Heard Of

Larry M. Elkin, CPA, CFP

August 10, 2011


PPACA’s mandate: Not commerce, not interstate, not necessary, not proper

Robert A. Levy

August 2, 2011


Stewart & Jasper Orchards v. Salazer Brief Of Amici Curiae Center For Constitutional Jurisprudence And The CATO Institute In Support Of Petitioners (page 17)

Edwin Meese III, John C. Eastman and Ilya Shapiro

July 25, 2011


Food sovereignty and the Firearms Freedom Act

Joseph Lallande

July 22, 2011


A Gun Activist Takes Aim at U.S. Regulatory Power

Jess Bravin

July 14, 2011


The Constitutionality Of Inactivity

Bret Callentine

July 13, 2011


ObamaCare and the King’s Royal Deer

Jon N. Hall

July 9, 2011


Necessary and Proper: Health Care Costs and the Individual Mandate

Hillary Stemple

July 8, 2011


Rebirthing Bill of Rights is key to regaining our constitutional Republic

Frank Miniter

July 7, 2011


Commerce Clause Jurisprudence and Original Intent in Health Care

David Meyers

July 7, 2011


The Impact of a ‘Middle-Management’ Health Care Ruling

Sallie Sanford

July 5, 2011


Constitutional Politics: How Partisanship Will Shape Health Care

Nicholas Battaglia

July 5, 2011


Health Care in the Sixth Circuit: A Devastatingly Convincing Decision

Charles Fried

June 30, 2011


Influential conservative judge supports health insurance mandate

William H. Freivogel

June 29, 2011


Obamacare Divides the Sixth Circuit Court

John Vecchione

June 29, 2011


Appleals Court Says Health Care Mandate Valid

Patrick Edaburn

June 29, 2011


ObamaCare: the more we know, the more we fear

Tierra Warren

June 9, 2011


The Commerce Clause

Ohio Farmer

May 24, 2011


Worst SCOTUS Decisions

Wall Street Journal Discussion


What’s Wrong with Wickard?

Liberty Legal Foundation

January 19, 2011


Overturning ObamaCare in the Supreme Court Will Not be a Slam Dunk

Monte Kuligowski

January 4, 2011


The Court Case Haunting Health Care

Greg Stohr

December 29, 2010


The Secret to the Virginia Healthcare Decision

Evan Falchuk

December 21, 2010


A Clause for Any Cause

Andrew Napolitano

December 20, 2010



Roscoe Filburn and the Commerce Clause

Bloomberg Businessweek

December 20, 2010


The Sibelius Ruling As A Defense of State And Individual Autonomy

Kirk Sigmon

December 19, 2010


Obamacare suffers a convulsion

Jack Kelly

December 19, 2010


Rivkin’s opening oral arguments from Florida (Dec. 16)

David Rivkin

December 16, 2010


The Crucial Role of Choice in Henry Hudson’s Opinion

Jacob Sullum

December 13, 2010


Perspective on healthcare reform: Is an individual mandate constitutional?

Dan Groszkruger, JD, MPH, CPHRM, DFASHRM

December 6, 2010


On Obamacare: Wickard v. Filburn, Part Deux


December 1, 2010


The Commerce Clause, the Butterfly Effect and the 2010 Elections

David J. Shestokas

November 2, 2010


American Kulaks

James Lileks

August 9, 2010


‘A Commandeering of the People’

James Toranto

July 23, 2010


Your Health-Care Fine Relies on Flawed Ruling

Amity Shlaes

July 20, 2010


Archive for the ‘Filburn’ Category

Annie Ashe Fields

July 18, 2010


Who is Roscoe Filburn?


July 18, 2010


Changing Stance, Administration Now Defends Insurance Mandate as a Tax

Robert Pear

July 17, 2010


Kagan’s cookbook: The joy of tyranny

David P. McGinley

July 13, 2010


Is Health Care Reform Constitutional?

Sallie Sanford

April 21, 2010


Constitutionality of Health Care Reform


March 25, 2010


Obama’s constitutional malpractice

The Washington Times Editorial

March 24, 2010


The Supreme Court’s Attacks on Freedom, Part 1

George C. Leef

January 8, 2010


Jury-rigging Federal Commerce Power

Gary Marbut



Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional

Randy Barnett, Nathaniel Stewart and Todd Gaziano

December 9, 2009


Ruth Marcus, the Health Care Reform Bill, the Commerce Clause, and the Ensuing Nonsensical Result

Jim Byrd

December 3, 2009


Mandatory Insurance Is Unconstitutional

David B. Rivkin Jr. and Lee A. Casey

September 18, 2009


The Court, Federalism, and the Free Market

Dominick T. Armentano

June 7, 2005


Re: Federalism, One More Time

Mark Levin

December 2, 2004