In a Washington Post opinion piece, Charles Krauthammer makes the case that it is ObamaCare that is on trial—not the Supreme Court. The focus should remain on this “fundamentally transformative law” that “remak[es] one-sixth of the economy.” Krauthammer notes that ObamaCare passed on strictly partisan lines, unlike other major social …
Instead of responding to the 5th Circuit Court’s explicit request regarding President Obama’s untoward comments about the Supreme Court’s power to overturn congressional statutes, Attorney General Eric Holder sent the judges a law student-level brief on the propriety of judicial review. The letter intentionally ignored the judge’s main question, which …
Obamacare’s day in court didn’t go so well, and liberals are in a panic. Sensing the demise of Obamacare, they have begun to preemptively accuse the conservative justices of “judicial activism.” But the more they try to explain how striking down Obamacare would be “judicial activism,” the clearer it is …
The highest elected official in the United States dished out an extra helping of irony yesterday when, in speaking at a joint news conference with Canadian Prime Minister Stephen Harper and Mexican President Felipe Calderon, President Barack Obama slammed the Supreme Court as an “unelected group of people” who will …
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 …
In oral arguments yesterday about Obamacare’s individual mandate, Supreme Court Chief Justice John Roberts posited that if the government could force people to buy health insurance, its power would be nearly unlimited: Once we say that there is a market and Congress can require people to participate in it…it seems to …
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 …
