Mandatory health insuance both a tax & not a tax
The so-called Justice Department wants the Supreme Court to *not* consider mandatory insurance as a tax when deciding to hear the case, but after it does decide, the DOJ’s lawyers will argue that it’s a tax. 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.
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. “
Governors Implementing ObamaCare Are Undermining the Lawsuits
It would have been better if [Federal Judge] Vinson had stuck to his original order blocking implementation [of ObamaCare]. Yet he made clear that one of the reasons he did not is that many of the states asking him to strike down the law are implementing it anyway.
President Obama vs. Judge Vinson
A great cartoon by Steve Kelley. Obama to Judge Vinson: “I can’t believe you ruled against my health reform program. Judge Vinson replies: “I can’t believe you taught Constitutional Law.”
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.
Kopel & Natelson discuss Virginia v. Sebelius
A Virginia judge just ruled against ObamaCare’s individual mandate [HR 3590], saying that the Constitution’s Commerce Power does not justify Congress regulating economic inactivity. Professor Rob Natelson & Research Director Dave Kopel comment on the court’s ruling & what that means for AG Suther’s case.
Pro-liberty reactions to Virginia health care lawsuit (Cuccinelli-v-Sebelius)
A federal judge has ruled mandatory insurance to be unconstitutional. Pro-liberty reactions including the Independence Institute’s Dave Kopel, scholars from the Cato Institute, Reason magazine journalists, bloggers from the Volokh Conspiracy, & National Review’s health care blog.
Lawsuits vs. mandatory insurance could prevail
When 21 states and several private groups initiated lawsuits challenging the constitutionality of the Obama health care law earlier this year, critics denounced the suits as frivolous political grandstanding. But it is increasingly clear that the plaintiffs have a serious case with a real chance of victory.
Health care lawsuit moves forward
The Atlantic reports on the multi-state legal challenge to the health control bill, HR 3590. Remember, Amendment 63 will be even more important should the lawsuit succeed. Reports the Atlantic: On Thursday, a federal judge in Florida ruled that a lawsuit challenging the constitutionality of the health care law can move forward. U.S. District Judge […]
