by Beverly Mann The Plot Sickens – The Heart of the ACA Litigation Moves to the Supreme Court. Maybe. Last week’s big political news concerning the PPACA (a.k.a. “Obamacare”) litigation was the administration’s decision to forego the option of asking the full membership of the Atlanta-based Eleventh Circuit Court of Appeals, the appellate for several […]
by Beverly Mann Paul Clement’s weird tail-can-morph-the-dog ACA-litigation argument Earlier this month I wrote a post called “Markets and the ACA: Why the Supreme Court Will Uphold the ACA” that discussed an article-length post by Santa Clara constitutional law prof. Brad Joondeph published on a blog he runs dedicated entirely to the ACA litigation. I […]
by Beverly Mann Ah! It’s not about regulating markets, after all! It’s about regulating the individual! ATLANTA — In perhaps the weightiest of the dozens of challenges to the Obama health care law, a panel of appellate judges grappled Wednesday with the essential quandary of the case: if the federal government can require Americans to […]
by Beverly Mann The link to the ACA litigation blog article I discuss is here . ‘Markets’ and the ACA: Why the Supreme Court Will Uphold the ACA In my post last week about the activity/inactivity canard on which the challengers to the constitutionality of the ACA claim, I wrote: In his [blog] post, [high-profile […]
A post of mine on May 17 titled The Difference Between Defending DOMA and Defending Neo-Nazis and the ACA discussed a post on the Blog of Legal Times that summarized part of a lengthy article published that day on Daily Report Online. These websites and their respective hard-copy publications, Legal Times, based in New Jersey, […]
by Beverly Mann New wrinkles in the ACA litigation – Part II Okay, well, now y’all know from reading Part I that under the Constitution’s Article III requirement that plaintiffs in lawsuits have some “particularized” (and ya know what that means, from reading Part I) injury or be in imminent danger of suffering one, and […]
by Beverly Mann New wrinkles in the ACA litigation – Part I On May 23, the three-judge federal Fourth Circuit appellate panel that two weeks ago heard oral argument in the two cases in Virginia challenging the constitutionality of the ACA issued an order asking the parties to brief the question of whether a federal […]
by Beverly Mann Last week, one of the law blogs I read regularly mentioned a post from May 11 on a law blog read regularly by a lot of law geeks (but not by me) about the oral argument in those cases a day earlier. The blog is The Volokh Conspiracy. Its bloggers are prominent […]
by Beverly Mann Much Ado About Not Much The big legal news today was the first appellate-court oral argument, this afternoon, on the constitutionality of the Affordable Care Act. The argument—arguments, actually; two separate cases were argued separately—were to a three-judge panel of the Court of Appeals for the Fourth Circuit, the regional federal appeals […]
by Beverly Mann The Fine Print It’s hardly a secret that Chamber of Commerce types have co-opted a bare majority of the Supreme Court as their proxy in their war against business litigation, and that the most potent categorical weapons are arbitration as a forced substitute for lawsuits and the effective elimination of class actions. […]