Remember when the lawsuits filed against ObamaCare were just “frivolous” PR stunts? I guess SCOTUS disagrees. In today’s American Spectator, I discuss yesterday’s Supreme Court decision to hear arguments on four specific issues raised by the various plaintiffs: 

Does Congress possess the power to enact the individual mandate?

Is the individual mandate severable from the rest of the law?

Does the Anti-Injunction Act bar challenges to the individual mandate before it takes effect?

Does ObamaCare’s expansion of Medicaid amount to a “commandeering? of the states?

This last question surprised most Court watchers because the lower courts showed little interest in it, despite its importance to the concept of federalism. Another surprise involves the amount of time alloted by the Court for arguments on these issues: five-and-a-half hours over two days—-a modern record.

To read the full column click here.


the ObamaCare case.

Comments 1

  1. ECM wrote:

    At least we’ll soon find out if we’re citizens or serfs, formally.

    Posted 15 Nov 2011 at 9:02 pm

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