What’s The Rush?

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. I understand the general rule is that, when a change in the law requires you to spend money, you have standing when the law is passed, because you might have to adjust your spending today, in order to save money for the impending expense. Rather than waiting until it hits, and coming up short.

    I can see, though, why Democrats would like Obama to have another several years to possibly nominate justices before the Court hears the case.

  2. Orin Kerr says:

    So when does it become ripe?

  3. Howard Wasserman says:

    When there actually is a legal obligation to purchase health insurance? Plus, it is possible the law never will go into effect, if Congress and the White House change hands between now and 2014. Isn’t this comparable to trying to enjoin a law before it has been enacted, which surely never would be ripe (not a precisely identical situation I recognize, but comparable)?

  4. TJ says:

    Howard, isn’t it more analogous to trying to enjoin a law that has been enacted, but hasn’t yet taken effect? And I think that happens all the time in, e.g., challenges to abortion restrictions. Perhaps there is some difference that I am not aware of.