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The gavel is down : the High Court is in session

October 12, 2015 | By KATE POMEROY

As is its tradition, the Supreme Court began its new Term on the first Monday in October. In the weeks leading up to that day, many organizations host “preview” events (especially in Washington, DC) with leading Supreme Court advocates and other legal experts to discuss the most important cases the Court has agreed to hear. … ...

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A government of laws, and not of Obama

March 17, 2015 | By ETHAN BLEVINS

An unusual argument has arisen as a way to save Obamacare. Today, a New York Times op-ed written by law professor William Baude suggests that the Obama administration could just ignore the Supreme Court if it decides in King v. Burwell that subsidies don’t apply to insurance coverage from federal exchanges. … ...

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When Obamacare fails, the Executive can't blame states

November 13, 2014 | By ANASTASIA BODEN

As readers well know, the Affordable Care Act (ACA) imposes all sorts of new restrictions on the types of health insurance policies that can be bought and sold.  Naturally, this means that a lot of people who liked their health insurance plans can’t keep their health insurance plans—no matter what politicians promise.  The ACA has &# ...

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Obamacare's defenders resort to low blows

November 11, 2014 | By ETHAN BLEVINS

“When I use a word,” Humpty Dumpty once said, “it means just what I choose it to mean–neither more nor less.” Congress lacks that luxury because the judiciary judges the meaning of its words. However, in a venomous New York Times article, Paul Krugman says that judges who try to rely on the plain language of Ob ...

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D.C. Circuit orders Feds to respond to Obamacare rehearing petition

October 09, 2014 | By PAUL BEARD

On Monday, we filed a petition for rehearing en banc in Sissel v. U.S. Department of Health & Services, asking the entire D.C. Circuit Court of Appeals to hear our challenge to the Affordable Care Act.  Today, “upon consideration of the petition for rehearing en banc,” the Court on its own motion ordered the Federal Government to ...

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Orlando Sentinel publishes PLF Atlantic Center op-ed on Origination Clause challenges to Obamacare

June 13, 2014 | By MARK MILLER

The Orlando Sentinel published Pacific Legal Foundation‘s  op-ed today (subscription required, but free sign-up is available for limited views) on Sissel v. HHS and Hotze v. Sebelius, two of the pending challenges to the federal Affordable Care Act, a/k/a Obamacare.  Both challenges contend that Congress failed to obey the Origination Cl ...

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President's weekly report — May 9, 2014

May 09, 2014 | By ROB RIVETT

Obama care — Oral Argument The D.C. Circuit court of appeals heard oral argument on May 9 in Sissel v. U.S. Department of Health and Human Services, our Origination Clause challenge to the individual mandate tax contained in the so-called Affordable Care Act.  The questioning from the panel of three judges was vigorous and we … ...

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PLF files final brief in Sissel's challenge to Obamacare

December 20, 2013 | By PAUL BEARD

Today, PLF attorneys filed Matt Sissel’s final brief in the D.C. Circuit Court of Appeals litigation challenging Obamacare.  Sissel’s reply responds to the Government’s opposition brief, filed on December 9. Now, we await an oral argument date, which we expect to be set in the coming months.  Stay tuned! … ...

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Another broken Obamacare promise

November 04, 2013 | By ANASTASIA BODEN

In the latest episode of the Obamacare saga, hundreds of thousands of insured individuals have begun receiving cancellation letters—which inform recipients that they will not be able to keep their health insurance policy.  These letters fly in the face of the promises President Obama made just a few years ago, when he famously insisted that  ...