January 19, 2011

Feds abandon procedural arguments in PLF’s ObamaCare case

By Feds abandon procedural arguments in PLF’s ObamaCare case

Author: Timothy Sandefur

The Obama Administration yesterday filed its reply brief in support of its effort to have our constitutional challenge to ObamaCare thrown out of court. Interestingly, the government has decided to abandon its procedural arguments about standing and ripeness and such. Perhaps that’s unsurprising, given that several courts have now allowed challenges like this ours to proceed. The argument now is squarely on the constitutional issues.

Here are the government’s opening brief and our answer to it, by the way. We’re waiting for a decision on whether the Court will want to hear oral argument.

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