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  • Obamacare at the Court: Day 1

    This morning, shortly after 10 am, Chief Justice John Roberts will open oral argument in U.S. Department of Health and Human Services v. Florida on the issue of whether challenges to ObamaCare’s individual mandate are barred at this time by the Anti-Injunction Act (AIA).  The AIA requires individuals challenging most … More

    Attention, Obamacare Court Watchers: Synchronize Watches... Now!

    Six hours of oral argument will be conducted in four sessions, spread over three days.  That’s what the Supreme Court has allocated for the cases challenging the constitutionality of the Patient Protection and Affordable Care Act (aka Obamacare). The arguments begin Monday, as attorneys representing 26 states, the National Federation … More

    Heritage Files Amicus Brief on What Congress Did Wrong in Obamacare

    Later today, The Heritage Foundation (with five other organizations and former Senator George LeMieux) will file an amicus brief in the Supreme Court in the Obamacare case that challenges the mandate requiring all individuals to purchase an inflated health insurance policy designed to subsidize other terrible policies in the 2,500-page … More

    Whitewash on Illegal Appointments Won't Work

    The Obama Administration’s 23-page Office of Legal Counsel (OLC) opinion rationalizing illegal appointments the President made last week, released this morning, falls far short of its intended goal. The opinion makes claims that are demonstrably false and is at times, frankly, embarrassing. Apart from failing to prove that President Obama’s … More

    A Tyrannical Abuse of Power: Obama Attempts to Appoint Cordray to CFPB

    In a revelation that is quite shocking to anyone who knows anything about the 100-plus years of precedent on the recess appointment power or the separation of powers, the White House today announced that the President planned on making a purported recess appointment of Richard Cordray to the new Consumer … More

    The Growing Evidence that College Preferences Harm Minority Students

    Once upon a time, those who favored racial and ethnic preferences in college admissions at least admitted that their goal was to help certain minority applicants who they argued were underrepresented due to a legacy of discrimination and other social ills.  This is an appealing and well-meaning goal, even if … More

    Obamacare Oral Argument: What the High Court's Order Suggests

    When the Supreme Court agreed this month to hear the Obamacare constitutional challenge, it didn’t surprise most Court watchers, but the amount of time it set aside for oral argument is highly unusual. That is surprising for a few reasons, most of which should be unsettling to the current administration … More

    Why the DOJ Gave Up Its Delaying Tactics in the Obamacare Litigation

    Many predicted the Obama Administration would not stop its delaying tactics in the ObamaCare litigation, which most commentators thought were an attempt to prevent the Supreme Court from deciding the case before the 2012 elections.  The Administration received the equivalent of two judicial reprimands in the case brought by 25 … More

    The Supreme Court’s Next Blockbuster Term

    Although the Court’s last term was generally regarded as pretty boring, the upcoming term that begins on Oct. 3 has the potential to be the term of the decade, or as some hope, the term of the century.  Yet the story of the Court’s 2011 term really began months, or … More

    Another Loss for Obamacare

    This afternoon, the District Court for the Middle District of Pennsylvania became the latest court to strike down the Patient Protection and Affordable Care Act’s (Obamacare) individual mandate, holding that “[t]he power to regulate interstate commerce does not subsume the power to dictate a lifetime financial commitment to health insurance … More