by Kenneth Thomas Conservative roots of Obamacare The pile-on continues. As I discussed in February, Stuart Butler of the Heritage Foundation wrote a breath-taking op-ed in USA Today (via Don Taylor) denying that he fathered the individual mandate. In fact, his revised 140-page research paper was published January 2, 1989, before President George HW Bush […]
Rachel Zubay, 32, works as a waitress at Abdalla’s Steak House, in the shadow of a recently idled coal-fired power plant. She’s got two kids, is in the middle of a divorce, has no medical insurance and is paying $50 a month on a $15,000 surgical bill after she injured her ankle and foot in […]
The DNC has apologized for using Ann Romney’s London Olympics-bound horse in an attack targeting her husband. The Hill explains that Democrats had used the dressage horse to illustrate its claim that the presumptive GOP nominee was “dancing around the issue” of his decision not to release his tax returns. (Dressage is a dance-like sport, but […]
The second biggest surprise of the day, after the survival of the Affordable Care Act, is that we’ve never really gotten over our collective crush on John Roberts. How else to explain today’s outpouring of praise, not merely for the decision but for the man himself, for his statesmanship and judicial modesty? All these years, […]
The chief justice, echoing Justice Scalia’s “broccoli” comment at the oral argument, rejected (as did the four dissenters, and so that is now the view of a majority of the justices) the Commerce Clause ground for the mandate, saying that to accept that ground would mean that “Congress could address the diet problem by ordering […]
Some people think Roberts cleverly used this case to severely limit Congress’s regulatory powers. Others strongly disagree. I’m with the others. I think that as a practical matter, this will have almost no limiting effect at all on Congress’s regulatory powers. I can’t think of any circumstance in which this limitation would apply and in […]
I think there was a clue to Roberts’ thinking during the first day of argument—during the argument on the applicability of the Anti-Injunction Act, an obscure “jurisdictional” statute, which precludes courts from ruling on the constitutionality of a federal tax until after the statute becomes effective and the tax actually is due. Roberts really indicated […]
While the Court’s upholding the mandate is deservedly taking front stage in the media coverage, the Court’s decision to strike down a part of the Medicaid expansion may ultimately have broader jurisdprudential consequence. That, at least, will be a subject of debate among lawyers and academics in the days and weeks to come. This is […]
No not the striking down of the mandate part, heck probably a thousand fingers were poised over an equal number of ‘Send’ keys when the ruling came down. Me? I took a shower and started thinking about the practical implications of ACA as it will operate under current law as modified today. Starting with the […]
UPDATE: From SCOTUSblog: “The bottom line: the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.” TOTAL, TOTAL VICTORY !!!! SECOND UPDATE: The opinion is 5-4, with Roberts voting with the Dem appointees and writing the opinion, and Kennedy writing the main dissent. Here’s […]