January 23, 2018

Obamacare before the Supreme Court: “The Emperor Has No Clothes!”

In a case of “the Emperor has no clothes,” the justices played the part of the skeptic to the Obama Administration’s protestations of Obamacare’s constitutionality. With the oral arguments on constitutionality of the Affordable Care Act over, let’s take a look back at the reactions to the arguments: [cont…]

The Constitutionality of the Individual Mandate: The Very One-Sided Fordham Debate. [video]

There are few things in politics or the law quite so enjoyable as watching one use words to bludgeon and destroy a weak or faulty idea.

Recently (as in, on Monday of this week) the University of Utah’s SJ Quinney College of Law hosted the Fordham Debate. The topic for the two Ivy League educated scholars who would take up opposing sides?

Be it resolved that the individual mandate provision of the Patient Protection and Affordable Care Act is constitutional under the commerce clause of the U.S. Constitution.

Yeah. Pretty much the lodestone for the entire political right’s anger at the elected left and why Obama, for all his panache, brilliance, and Vulcan-like demeanor, has lost the blessing of nearly a majority of Americans. [cont…]

Federalism and the Republicans: Who needs RINOs when you can have FINOs?

Can the Republican Party still be the party of “small is better” government if it isn’t willing to stick to its guns when the policy is one of its favored issues? Such as, for example,  tort reform? I hate it when I hear Republicans at the federal level attack Democrats on the size and scope of […]

“Unconstitutional,” says the 11th Circuit.

“Unconstitutional” The news making its way through the legal blogosphere, and the online news outlets, is that the 11th Circuit has ruled the individual mandate part of the Patient Protection and Affordable Care Act (the “Act”) is unconstitutional. Let me underscore that: only the individual mandate was found unconstitutional. The rest of the law has […]