This morning at the Supreme Court’s legal tour of the Affordable Care Act (“If it’s Monday, it must be the Anti-Injunction Act”), the court-appointed amicus curiae Robert Long ran into multiple rounds of skepticism from almost all of the nine justices. The Court seemed particularly skeptical that the issue involving the individual mandate penalty was one of its “jurisdiction” to hear the case. … [Read more...] about Tom Miller: Obamacare goes to court, part two: Are we talking about a penalty or a tax?
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Tom Miller: Obamacare goes to court, part one: Can we even consider this case?
Today’s 90-minute opener for three days of oral argument involves the dullest and most technical of issues: Can the Supreme Court even consider this case? Does it have jurisdiction? In other words, after inviting everyone over for a gigantic constitutional law party, does it have to end shortly after serving a few hors d’oeuvres? What about that tasty main course involving the individual … [Read more...] about Tom Miller: Obamacare goes to court, part one: Can we even consider this case?
Reason-Rupe Poll: Americans Don’t Think Health Care or Broccoli Mandates Are Constitutional
As the Supreme Court hears challenges to the Patient Protection and Affordable Care Act this week, a new Reason-Rupe poll of 1,200 adults finds 62 percent of Americans believe it is unconstitutional for Congress to mandate the purchase of health insurance, while 30 percent think requiring health insurance is constitutional. Legal experts have suggested that if Congress has the power to require … [Read more...] about Reason-Rupe Poll: Americans Don’t Think Health Care or Broccoli Mandates Are Constitutional
On the Ground at the Court
Updates and photos from outside the Supreme Court this morning. The Tea Party is here. And is getting engaged in a shouting match with a religious pro-Obamacare group. As the Tea Partiers chant “Breitbart…” The religious pro-Obamacare faction sang “We Shall Overcome.” Their press conference appears to be garnering most of the press attention. Posted on National Review Online: … [Read more...] about On the Ground at the Court
Tom Miller: ObamaCare: Up for grabs at Supreme Court
Two years after its enactment, ObamaCare remains unpopular, unaffordable and unworkable. This week, three days of oral argument before the Supreme Court should confirm that it’s also unconstitutional. Shortly after President Obama signed the Patient Protection and Affordable Care Act into law on March 23, 2010, state government officials, private organizations and various individuals filed a … [Read more...] about Tom Miller: ObamaCare: Up for grabs at Supreme Court
SCOTUS Oral Argument
The Supreme Court has released audio of the first day of oral arguments involving the 26-state challenge to ObamaCare. Listen now... … [Read more...] about SCOTUS Oral Argument
So what is a better plan if ObamaCare is declared unconstitutional or repealed?
Help states set up functional pools so people with pre-existing conditions are protected Provide new subsidies for the uninsured to purchase the coverage of their choice Encourage the states to set up marketplaces for people to buy insurance and allow policies to be purchased across state lines Boost insurance rules to guarantee that if people have coverage, they can keep it and their premiums … [Read more...] about So what is a better plan if ObamaCare is declared unconstitutional or repealed?
Tom Miller: Can ObamaCare Be Undone?
Repealing Obamacare is necessary to preserve individual liberty, maintain limited government, improve health care, and restore economic growth. Prospects for doing so hinge on a half-dozen key battle fronts, and success thereafter hinges on several, if not all, of them. Legal: The Supreme Court could overturn the entire Affordable Care Act later this year as unconstitutional. That’s possible, … [Read more...] about Tom Miller: Can ObamaCare Be Undone?