Let’s Model ObamaJobs After ObamaCare!
Simply by varying a few features of ObamaCare, the president could guarantee nearly “universal” employment just as ObamaCare has guaranteed nearly “universal” health coverage. Continue reading
Yet Another Court Voids Obamacare’s Insurance Mandates | Our American Constitution
Independence Institute constitutional scholar Rob Natelson comments on the Eleventh Circuit ruling the individual mandate in Obamacare to be unconstitutional.
Mandatory insurance & regulating inactivity: a radical constitutional departure
Ilya Somin of George Mason School of Law says that the recent appellate court decision finding the individual mandate constitutional undermines federalism, misconstrues the boundaries of congressional authority, and lays the groundwork for limitless federal mandates
Health care bill pushes limits of constitutionality
Dave Kopel writes: “When the [health care bill] was moving through Congress, there was a lot of bluster from proponents of the law, who insisted that there were absolutely no potential constitutional problems. Most famously, House Speaker Nancy Pelosi scoffed “Are you serious?” to a journalist’s question about the law’s constitutionality. As it turns out, there are a lot of serious questions.”
ObamaCare’s tough day in court
Assuming the high court deigns to hear the case, [there’s] awkward reality that one of the Supreme Court justices, Elena Kagan, was obviously involved in orchestrating the legal defense of ObamaCare. Thus, there will be legitimate calls for her to recuse herself from any case involving that law.
White House: Buy Health Insurance or Be Poor
“[T]he government’s latest position that the [health control] law doesn’t really require people to buy health insurance at all. We have the option instead of earning less money. “
Health care updates from Cato Institute
The latest health care commentary by Cato Institute scholars on: Newt Gingrich, Mitt Romney, mandatory insurance as elitist, unconstitutional, and based on phony justification.
Summarizing the legal case against ObamaCare
The Cato Institute has published a new white paper (22 pages) by its chairman Robert Levy: The Case Against President Obama’s Health Care Reform: A Primer for Nonlawyers. It summarizes why mandator insurance is unconstitutional.
David Kopel: Why Obamacare mandate penalty can’t be a tax
Writing in the Orange County Register, Independence Institute Research Director Dave Kopel explains why the penalty for not buying government-approved health plan cannot be a tax.
Health Insurance Is Not “Commerce”
In The National Law Journal, Independence Institute scholars David Kopel and Rob Natelson argue that health insurance is not “commerce” as used in the U.S. Constitution.
The totalitarian nature of mandatory insurance & ObamaCare
The latest district court ruling by Judge Gladys Kessler reveals the totalitarian nature of mandatory insurance. If the Commerce Clause empowers the Federal Government can prohibit your choice not to act in a certain way, it can do anything.
Dave Kopel & John Suthers on Judge Vinson’s ruling that strikes down ObamaCare
Senior Federal Judge Roger Vinson has ruled that “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.” This ruling declares that the law. Read reactions by the Independence Instiute’s Dave Kopel, CO Attorney General John Suthers, and others.
