Patient Protection and Affordable Care Act

In defense of the court decision striking down Obamacare 0
- December 24, 2018
The truth is that the quiet death of the ACA would surely be less disruptive than its chaotic life.
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New Article on What “Taxes” Are (And Aren’t) Under the Constitution, and the Implications for Obamacare 0
- March 27, 2016
Was the Supreme Court right to call Obamacare’s insurance penalty a “tax?”
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Did Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes 0
- 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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The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’0
- July 14, 2014
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
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Is the Obamacare Mandate Unconstitutional Because It Originated in the Senate?0
- February 24, 2014
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
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How a Conspiracy Cracked a Monopoly 0
- December 1, 2013
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
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