The 2025 Regular Session Data
- March 18, 2025
Constitution & health care
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- Constitution & health care
If mandatory insurance is a “tax”, then ObamaCare violates Constitute’s Uniformity Clause0
- December 10, 2012
By defining the mandate as a tax, one that will not be uniformly applied, the Supreme Court ran afoul of the Constitution. Continue reading
READ MORERob Natelson on Supreme Court’s sophistry, why mandatory insurance is not a tax0
- July 6, 2012
The rampant sophistry of the SCOTUS decision. Why mandatory insurance is not a tax, and if it is, it’s unconstitutional because it’s a direct tax that is not apportioned among the states. Continue reading
READ MOREKopel: Neither Constitution or tax law justifies excise tax for not buying a product0
- July 4, 2012
Kopel: “There is literally no constitutional or tax-law precedent for the notion that an individual can be subject to an excise tax merely for choosing not to buy a product.” Continue reading
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Dave Kopel Explains SCOTUS ObamaCare Decision0
- June 30, 2012
Host Jon Caldara is joined by Dave Kopel, constitutional law professor and attorney of record for two (count ’em, two) Independence Institute amicus briefs in the Obamacare Supreme Court case, to dissect and explain the court’s rulings on the controversial health care law. Continue reading
READ MOREIs There a Silver Lining to the Supreme Court’s Obamacare Decision?0
- June 29, 2012
What does the SCOTUS decision mean for the implementation of the law and the political effort to repeal it? Continue reading
READ MOREThe dubious policy assumptions behind ObamaCare’s legal defense0
- June 18, 2012
ObamaCare’s legal defense relies as much on policy arguments—about the nature of uncompensated medical care, the role of Medicaid, and the interaction of the law’s various provisions—as it does on constitutional reasoning. But the policy case is just as dubious as the constitutional one. Continue reading
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