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  • Obamacare and the Supreme Court

    Deferring to Congress on ObamaCare

    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 … More

    Obama Jumps the Shark, Takes One Leap Too Far

    This week, President Barack Obama lashed out at the Supreme Court, slamming it as an “unelected group of people” who will have turned to “judicial activism or a lack of judicial restraint” if they strike down Obamacare. In other words, he was implying that the Court does not have the authority to … More

    Holder's Letter to Judges Ignores the Issue

    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 … More

    Dear Liberals, Originalism Is Not Activism

    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 … More

    Morning Bell: Obama Slams Supreme Court over Obamacare

    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 … More

    PODCAST: Rep. Steve King on Obamacare, Budget

    In a special Heritage podcast, Congressman Steve King (R – IA) discusses Obamacare’s challenge in the Supreme Court and the budget. Click here to listen. In the case the Supreme Court does not rule Obamacare unconstitutional, is Congress still willing to fight the law? If so, how? And is it … More

    Morning Bell: And Now the Supreme Court Must Decide

    For the past three days, the nine justices of the U.S. Supreme Court heard a series of arguments on Obamacare — what promises to be one of the most seminal decisions in the Court’s history. Now that the dust has settled, it appears more than likely that President Obama’s signature … More

    Day 3 at the Court - Severability and Coercive Medicaid Conditions

    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 … More

    Is the Supreme Court the Final Arbiter on Obamacare?

    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 … More

    Obamacare at the Court: Day 3, Severability and Spending

    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 … More