This week, the Supreme Court heard oral arguments for National Federation of Independent Business v. Sebelius and Florida v. The Department of HHS to evaluate the many legal questions raised by the passage of ObamaCare, including whether Congress exceeded its constitutional power when it enacted the individual mandate. Click here …
The Court’s morning session concentrated on whether, if the individual mandate is held unconstitutional (as looks increasingly likely after yesterday’s argument), it can be cleanly severed from the rest of ObamaCare, and if not, what other portions of the act must the Court strike down with it. The Court’s afternoon …
On Wednesday, the Supreme Court heard the third day of oral arguments for and against Obamacare’s individual mandate. The day’s discussion mostly revolved around the issue of severability: is the mandate so closely tied with the rest of the law that the court cannot strike it down without invalidating the …
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 …
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 …
Monday marked the first day of oral arguments being heard by the Supreme Court for and against Obamacare. The question today was whether or not the plaintiffs are precluded from challenging individual mandate due to the Anti-Injunction Act, and, tangentially, whether the individual mandate penalty is a tax, as the …
