Articles

What happens if the individual mandate is struck down?

May 21, 2010 | By LUKE WAKE

Let us suppose that at the end of the day the Individual Mandate provision of the new health care legislation is struck down as unconstitutional. What have we accomplished? For starters we will have won a Commerce Clause challenge, which would be noteworthy in itself. This would make clear that there are real limitations on the … ...

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The Obama Administration’s legal theory of the day : now it’s not a tax

February 15, 2012 | By TIMOTHY SANDEFUR

You’ll remember that supporters of the Individual Mandate at first conceded that it was not a tax…and then changed their minds when some judges showed an interest in it, and ruled that the Mandate is a tax, so that federal courts lack jurisdiction to review its constitutionality. Today, however, Jeffrey Zients, acting director of the Offic ...

Articles

Supreme Court must strike down all of Obamacare

March 02, 2012 | By TIMOTHY SANDEFUR

The Supreme Court will be hearing three days of oral argument in the lawsuits challenging the constitutionality of the Patient Protection and Affordable Care Act. The issue that’s getting most attention is the constitutionality of the Individual Mandate, but the Supreme Court will also be hearing oral arguments on the question of “sever ...

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Obamacare’s “March” to the Supreme Court

March 12, 2012 | By TIMOTHY SANDEFUR

The countdown to the Supreme Court arguments in the Obamacare cases has begun. Over the next few days, we’ll be bringing you a series of blog posts to provide a layman’s introduction to what these cases are about—what the justices will hear, and what to look for in the oral arguments. And don’t forget to … ...

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What to look for in the Obamacare arguments

March 13, 2012 | By TIMOTHY SANDEFUR

In two weeks, the Supreme Court will begin the historic oral arguments in the cases challenging the Patient Protection and Affordable Care Act, or PPACA, better known as Obamacare. They’re historic because apparently the Court hasn’t heard three days of oral arguments on the same case in at least a century. And the cases involve … ...

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WLF’s Obamacare webcast

March 13, 2012 | By TIMOTHY SANDEFUR

Our friends at the Washington Legal Foundation hosted a webcast preview on the Obamacare lawsuits this morning. If you missed it because you’re on Pacific time like we are, you can watch the recordings by going to this page, and clicking on “View Webcast.” … ...

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Good sources for news on the Obamacare cases

March 13, 2012 | By TIMOTHY SANDEFUR

The best places for news on the Obamacare cases (other than PLF Liberty Blog, of course) are: … ...

Articles

First things first : Obamacare and standing

March 14, 2012 | By TIMOTHY SANDEFUR

One of the most important issues in any federal lawsuit is “standing”—that is, whether a plaintiff is allowed to bring the case in a federal court in the first place. Article III of the Constitution only allows the Court to hear “cases and controversies,” and one of the earliest decisions that the Supreme Court ever ̷ ...

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Behind the scenes in the Obamacare cases

March 14, 2012 | By TIMOTHY SANDEFUR

Here’s a good article on how the Obamacare cases started, and profiling some of the people involved. Update: Meanwhile, the CBO now estimates the first decade of Obamacare will cost the nation $1,760,000,000,000. … ...