In defense of the court decision striking down Obamacare
The truth is that the quiet death of the ACA would surely be less disruptive than its chaotic life.
New Article on What “Taxes” Are (And Aren’t) Under the Constitution, and the Implications for Obamacare
Was the Supreme Court right to call Obamacare’s insurance penalty a “tax?”
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 […]
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 […]
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 […]
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 […]
