If the individual mandate is the blockbuster issue before the Court, Medicaid and severability may be sleeper hits that ultimately have tremendous impact. If the Court strikes down the mandate, then what is to be done with the Russian novel-length ObamaCare? Should the Court just tear out the few pages …
The packed hearing room of the Supreme Court was a who’s who of lawyers and political leaders this morning, all of whom witnessed what was an undeniably bad day for the Obama Administration and its defense of the President’s health care law. Paul Clement and Michael Carvin, attorneys representing those …
Call it the main event: after a day puzzling over whether Obamacare’s fines on those who don’t buy insurance constitute a tax or a penalty—an important threshold issue, to be sure, but one that hasn’t quite captured the public’s imagination—the Court today will hear oral argument regarding one of the …
Obamacare’s anti-conscience mandate has raised many questions about freedom. One of them is whether religious liberty is only for individuals or also for institutions. America’s founders thought that the Constitution’s “first freedom” is for both, a view backed up by the U.S. Supreme Court as well as numerous federal and …
The biggest news from the Supreme Court’s oral argument on Obamacare today is that no justice indicated he or she would be troubled reaching the merits of the larger constitutional challenges to the law. The issue today was whether the Anti-Injunction Act (AIA) would bar the Court from considering the …
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 …
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 …
