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 ...
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 ...