The Obama Administration’s Illegal Health Care Taxes: an Update
There have been several developments with respect to the Obama administration’s attempt to impose the Patient Protection and Affordable Care Act’s employer-mandate penalties and individual-mandate penalties where it has no authority to do so. Continue reading
If mandatory insurance is a “tax”, then ObamaCare violates Constitute’s Uniformity Clause
By defining the mandate as a tax, one that will not be uniformly applied, the Supreme Court ran afoul of the Constitution. Continue reading
The U.S. Supreme Court Allows New Challenge To Obamacare To Go Forward
The two issues: The employer mandate & the contraception mandate. Continue reading
Obamacare lawsuits keep coming
At National Review Online, Jonathan H. Adler reviews the pending lawsuits against Obamacare. Continue reading
Kopel on Other Possible Legal Challenges to ObamaCare
The constitutionality of the “individual mandate” was at issue in the recent Supreme Court ruling. But other legal challenges are likely, argues Dave Kopel. Continue reading
Rob Natelson on Supreme Court’s sophistry, why mandatory insurance is not a tax
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
Kopel: Neither Constitution or tax law justifies excise tax for not buying a product
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
Paul Hsieh, MD on SCOTUS ObamaCare ruling
1) American health care will be in deep trouble in just a few years. 2) There are plenty of good ideas for free market health care reform. 3) ObamaCare must be defeated politically. Continue reading
Dave Kopel Explains SCOTUS ObamaCare Decision
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
Is There a Silver Lining to the Supreme Court’s Obamacare Decision?
What does the SCOTUS decision mean for the implementation of the law and the political effort to repeal it? Continue reading
Dave Kopel Responds to ObamaCare Decision
The Court’s decision against the Medicaid mandate means that Colorado has the right to choose whether or not to drastically expand state spending on Medicaid; Congress cannot coerce Coloradans to do so. Continue reading
If ObamaCare survives the Supreme Court, legal battle has just begun
Under the guise of implementing the law, the IRS has announced it will impose a tax of up to $3,000 per worker on employers whom Congress has not authorized a tax. … If the IRS doesn’t impose that unauthorized tax, the whole law could collapse. Continue reading
