“America’s cowboy capitalism was long ago disarmed by a democratic process increasingly dominated by powerful groups with economic interests antithetical to competitors and consumers. And the courts, from which the victims of burdensome regulation sought protection, have been negotiating the terms of surrender since the 1930s.” So writes D.C. Circuit Judge Janice Rogers Brown in a must-read concurring opinion issued today.

In commentary available online at The Atlantic: Law professor Lawrence Lessig has an essay entitled “Why Scalia Could Uphold Obamacare.”

And law professor Jack M. Balkin has an essay entitled “How Obama Can Attack the Supreme Court — and Win.”

“If Health Insurance Mandates Are Unconstitutional, Why Did the Founding Fathers Back Them?” Law professor Einer Elhauge has this essay online at The New Republic.

“Judges sharply question EPA, petitioners during cross-state rule arguments”: Lawrence Hurley of Greenwire has a report that begins, “In a vigorously contested oral argument, a federal appeals court today considered the legality of a key Obama administration regulation aimed at limiting air pollution that crosses state lines.”

“Clemens Retrial Set to Begin With Prosecutors on Notice”: This article appears today in The New York Times.

“Interview: How District Judge Jed Rakoff makes the calls.” Reuters has this interesting report.

“Review of 28 of disgraced judge’s cases finds no bias, impairment”: Bill Rankin and Rhonda Cook have this article today in The Atlanta Journal-Constitution.

And The Associated Press reports that “Review finds judge showed no bias.”

“Lawyers spar over funding in Guantanamo court; The legal team defending the Saudi man accused of planning the bombing of the USS Cole say they don’t have adequate resources to prepare their case”: Carol Rosenberg has this article today in The Miami Herald.