My column in today’s American Spectator discusses a lawsuit filed by a decorated Iraq veteran who wants Obamacare declared unconstitutional: This 32-year-old artist, businessman, and holder of the Bronze Star is the plaintiff in Sissel v. U.S. Department of Health & Human Services, which Sissel sees as “a battle for my liberty — my freedom [...]
In today’s American Spectator I speculate on the possibility that ObamaCare might suffer the fate of McCain-Feingold, dying a slow death of a thousand legal cuts: Last June, upon learning that the Supreme Court had ruled ObamaCare’s individual mandate constitutional, many observers were forced to concur with the Dickens character who opined, “If the law [...]
Specifically, the Court ordered the Fourth Circuit Court of Appeals to consider arguments on which it didn’t deign to rule in Liberty University v. Geithner earlier this year: The Supreme Court ruled today that the Liberty University case was owed a second hearing at the Fourth Circuit Court of Appeals. Why? Liberty’s case is different [...]
In my column for today’s American Spectator, I discuss Obamacare’s latest legal troubles. On Friday, a federal judge appointed by Jimmy Carter issued an injunction halting enforcement of the anti-conscience mandate: If the supporters of ObamaCare thought its legal troubles were over after the recent Supreme Court ruling, they learned otherwise last week. On Friday, [...]
Liberals looking for a cartoon conservative in U.S. District Judge John Kane, who on Friday issued an injunction halting enforcement of the infamous HHS mandate against a Colorado company, will be disappointed. As Ed Morrissey points out, this ruling is no reason to get cocky. But it’s not bad news when a Carter-appointed judge with [...]
Georgetown law professor Randy Barnett discusses how the Constitution is actually a little safer because of the ruling. How? Five of nine justices voted against the notion that Congress can make you buy things pursuant to its power to regulate interstate commerce.
One point that has been missed by our friends on the left, as they celebrate the SCOTUS travesty, is that yesterday’s ruling confirmed Obama as a liar on the true nature of the mandate. The Roberts decision said the mandate was a tax, and therefore constitutional. Well, then, what does that make the President? Watch [...]
Mitt Romney reacted to the SCOTUS ruling as follows: Let’s make clear that we understand what the Court did and did not do. What the Court did today was say that Obamacare does not violate the Constitution. What they did not do was say that Obamacare is good law or that it’s good policy. Then [...]
My column for the American Spectator covers this confused and craven opinion. Among other things, it discusses Roberts’ need to use two definitions for “tax” in order to find this boondoggle “constitutional”: In an utterly Orwellian opinion authored by Chief Justice Roberts, the majority held that the mandate was not a tax for purposes of [...]
By lunchtime, the Supreme Court will have ruled on four seperate issues relating to ObamaCare: (1) Anti-Injunction Act (AIA): The AIA forbids legal challenges to taxes before they go into effect. Thus, for AIA to apply, the mandate has to qualify as a tax. When the first challenges to PPACA were litigated, the government tried [...]
