King v. Burwell: The Latest Obamacare Mess at the Supreme Court
When I first heard about King v. Burwell, the latest Obamacare controversy before the U.S. Supreme Court, I assumed it was the kind of case in which the legislative intent was clear, but for one reason or another the wording of the statute did not match the legislative intent. That would have been an interesting […]
More Evidence From Last Term That It’s Not a “Conservative Supreme Court”
Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme Court, or at least a majority of the current justices, is “conservative.” But if a “conservative” justice is one who consistently interprets the Constitution in accordance with traditional methods of judging—as the Founders intended for […]
Did Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes
Note: This a modified version of an article that appeared at The American Thinker. Two years ago, the Supreme Court declared Obamacare’s penalty for failure to purchase conforming insurance to be a “tax.” Several plaintiffs subsequently sued in federal court arguing that the penalty is invalid for violating the Constitution’s Origination Clause. The Origination Clause […]
Numbers cast doubt on Hickenlooper’s teen pregnancy claims
Has Colorado really had more success in preventing “teen” pregnancies than other states? Gov. John Hickenlooper said yes in a news conference convened within days of the U.S. Supreme Court’s recent Hobby Lobby decision. But the numbers cast serious doubt on his story.
The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’
Note: This item originally appeared at the website of The American Thinker. The Hobby Lobby case is being hailed by freedom advocates as a great victory. On balance it certainly it is a victory for those who value personal freedom. But it also contains land mines that may one day prove destructive to freedom. One […]
The Colorado health exchange costs federal taxpayers $1,427 per enrollee
A May 2014, report from the law firm Mehri & Skalet estimates that the Colorado health exchange is costing federal taxpayers $1,427 per enrollee. That was before its director, Patty Fontneau, got the $14,000 bonus, and a 2.5 percent salary bump that raised her salary to $195,314 a year and sweetened an already generous retirement […]
The Results Are In: The Obamacare “Penalty” Didn’t Violate the Origination Clause, but Obamacare’s Regulations Did
Is the penalty for not buying insurance in the Affordable Care Act (ACA—Obamacare) unconstitutional as a “tax” that originated in the Senate? Under the Constitution’s Origination Clause, the answer appears to be “no”—the Senate’s decision to add the penalty to the underlying bill was not a violation of that Clause. But under the same provision, […]
Is the Obamacare Mandate Unconstitutional Because It Originated in the Senate?
The Patient Protection and Affordable Care Act (PPACA or “Obamacare”) imposes a sliding-scale financial penalty on people who do not buy health insurance conforming to federal standards. In NFIB v. Sebelius, the Supreme Court upheld the penalty as a constitutional “tax.” But that may not be the last word on its constitutionality. A lawsuit brought […]
Struggling With Nullification
Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you define “nullification.” It also depends on what you mean by “right” and what kind of document you understand the Constitution to be. In other words, it depends on your premises. Unfortunately, people often discuss—and debate, […]
Lessons For Federalism from Colorado’s Pot “Legalization”
(An earlier version of this post appeared on the website of The American Thinker.) It’s ironic that one of the few “states’ rights” battles won in recent times was Colorado’s decision to legalize marijuana in the teeth of federal laws to the contrary. Pot really isn’t legal in Colorado, of course. The federal government still […]
The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It
Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at the University of Utah in Salt Lake City on November 19, 2013, I outlined the intended scope of the power, how I reached my conclusions, and how the Supreme Court has stretched the Commerce Power […]
How a Conspiracy Cracked a Monopoly
Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case. This “conspiracy” was not a political plot or an illegal combination. Rather, it is one of the nation’s two top constitutional law websites—a […]
