Posts Tagged ‘individual mandate’

Second Day of ObamaCare Arguments Roundup

Tuesday, March 27th, 2012

The second day of ObamaCare testimony, and things are looking up for fans of limited, constitutional government. here’s a passel of links culled from Instapundit, TPPF, NRO and elsewhere:

  • Reading excerpts from today’s arguments, the justices sound extremely skeptical that the Commerce Claus power extends to enforcing an individual mandate.
  • When the ultra-lefty Mother Jones calls it “Obamacare’s Supreme Court Disaster,” you know things didn’t go well for liberals.
  • Solicitor General Donald Verrelli’s performance seems to have been particularly poor. (Bonus tidbit: Texas Attorney General Greg Abbott, one of the initiators of the lawsuit to overturn ObamaCare, was in the courtroom audience.)
  • The Volokh’s Conspiracy’s Ilya Somin chimes in: “Scalia makes the key points that 1) a state must be both “necessary” and “proper” to be authorized by the Necessary and Proper Clause, and (2) a statute cannot be proper if the legal rationale for it would justify nearly unlimited federal power.”
  • John Hinderaker wonders if ObamaCare is going down.
  • NRO’s live blog.
  • Ace offers up a selection of quotes.
  • The actual text of the 11th Circuit’s ruling in Florida vs. HHS.

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    First Day of ObamaCare Arguments Roundup

    Monday, March 26th, 2012

    Today was the first day of oral arguments over ObamaCare at the Supreme Court. Here’s a roundup of some of the coverage:

  • TPFF offers up a nice primer on the issues involved.
  • Speaking of TPFF, here’s newly hired Senior Fellow Richard Epstein on why ObamaCare is unconstitutional. (And more on the same theme.)
  • NPR offers a transcript of the hearings. Unless you are well versed in the intricacies of the Anti-Injunction Act (I am not), it’s like reading a brief on the finer points of an angel’s pin-leasing agreement.
  • In light of that, here’s a lay summary.
  • The Wall Street Journal‘s writeup.
  • Avik Roy offers a preview of arguments.
  • Ann Althouse notices the amazing flexibility of ObamaCare: sometimes it’s a tax, and sometimes it’s not!
  • Even Howard Dean thinks the individual mandate will be ruled unconstitutional.
  • Savingourhealthcare.org on why ObamaCare is a bad idea.
  • The giant C-SPAN ObamaCare archive.
  • NRO’s Condition Critical put up a live blog.

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    ObamaCare Ruled Unconstitutional

    Monday, December 13th, 2010

    So says federal Judge Henry E. Hudson ruling on the individual mandate.

    Here’s the actual opinion. It’s not searchable, and I haven’t read the whole thing, but I do note he rejected the risable notion than the individual mandate was a “tax” rather than a “penalty.” His ruling that the individual mandate is in fact “severable” from the rest of the bill seems to contradict most of the analysis I’ve read.

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