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  • It’s time to truly test the constitutionality of Obamacare

    It’s time to truly test the constitutionality of Obamacare0

    • December 3, 2018

    Previous Origination Clause plaintiffs lost because they attacked Obamacare’s taxes instead of its regulations. Plaintiffs suing for relief from regulations that harm them may have more success.

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  • New Origination Clause Article Now Published0

    • May 2, 2015

    The Harvard Journal of Law and Public Policy has now published my article on the Origination Clause. That’s the article documenting the research that found—contrary to all expectations—that the taxes in Obamacare were validly adopted. But it also found that the regulations and appropriations in Obamacare were invalidly adopted. You can read a summary of

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  • Did Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes0

    • August 5, 2014

    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

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