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Update on oral arguments in Virginia's challenge to the PPACA

October 18, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Luke A. Wake   Today the federal district court for the Eastern District of Virginia heard oral arguments on a summary judgment motion in Virginia’s challenge to the new health care law. PLF has filed a brief in support of Virginia’s challenge to the individual mandate provision on behalf of Americans for Free Cho ...

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New article dismantles government's Obamacare taxing power argument

November 17, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Daniel Himebaugh In 2009, before the Patient Protection and Affordable Care Act (colloquially, "Obamacare") became law, President Obama was asked whether a monetary penalty assessed against people who do not buy government-approved health insurance is a "tax."  The president, perhaps recalling his campaign pl ...

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Return of the death panels?

December 30, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The Wall Street Journal had an interesting oped earlier this week on the resurging "death panels" controversy.  Recall two years ago when Sarah Palin made a splash about how ObamaCare would lead to government bureaucrats making end-of-life decisions for citizens.  Fast forward to the present, wi ...

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Why should the government decide who is more "worthy" of receiving care?

January 12, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Anne M. Hayes "The decision is not whether or not we will ration care–the decision is whether we will ration with our eyes open." This statement was made by Dr. Donald Berwick, the man President Obama appointed last year to head Medicare and Medicaid. And while it sparked a bit of outrage at the … ...

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What problem, exactly, does Obamacare "fix"?

January 15, 2011 | By PACIFIC LEGAL FOUNDATION

With the new Republican House, Americans are waiting to see whether the Patient Protection and Affordable Care Act, otherwise known as "Obamacare", will be repealed, repaired or defunded, or, what may be more likely, rejected by the courts in either PLF's suit against the administration, or one of the twenty (or so) ...

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Did the Founders support a national health care mandate?

January 25, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Joshua Thompson While I was looking through my Facebook account last night, I stumbled upon a post from a law school friend of mine that suggested that the Founders supported a health care mandate.  His post revolved around a law passed (and signed by President John Adams) in 1798, titled, "An Act for the … ...

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What Healthcare “Market”?

January 28, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Anne Hayes Progressives are often fond of claiming that the free-market, despite all evidence to the contrary, does not “work”– a term placed in quotes because it is not always clear what progressives consider success.   For the most part, however, free-market systems indeed “work” with respect t ...

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Orange County Register : ObamaCare unconstitutional

February 01, 2011 | By PACIFIC LEGAL FOUNDATION

The Orange County Register has this editorial on yesterday’s decision on the constitutionality of ObamaCare: This is an important step toward what we hope is the ultimate undoing of President Barack Obama and the 111th Congress’ centerpiece legislation, the Patient Protection and Affordable Care Act, which effectively would bring one-si ...

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Obamacare, free speech, and giving insurance companies the power to tax

March 05, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Anne Hayes For all that the administration pooh-poohs the idea that the national healthcare bill is no big constitutional deal, there is no avoiding the fact that the Patient Protection and Affordable Care Act, otherwise known as Obamacare, is unprecedented.  For the first time, Congress is mandating that citizens spend t ...