Articles

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

July 06, 2012 | By PACIFIC LEGAL FOUNDATION

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill went on to imply that Justice Robert’s opinion should be forgiven as merely a mistaken application of a strain of con ...

Articles

Obamacare and the Tax Anti-Injunction Act

March 15, 2012 | By TIMOTHY SANDEFUR

The first day of oral argument in the Obamacare cases involves jurisdiction, and specifically, a federal statute called the Tax Anti-Injunction Act. This is a law that limits what cases federal courts are allowed to hear: specifically, it holds that federal courts cannot hear a case “for the purpose of restraining the assessment or collectio ...