May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
Patient Protection and Affordable Care Act
- Home
- Patient Protection and Affordable Care Act
In defense of the court decision striking down Obamacare0
- December 24, 2018
The truth is that the quiet death of the ACA would surely be less disruptive than its chaotic life.
READ MORE
New Article on What “Taxes” Are (And Aren’t) Under the Constitution, and the Implications for Obamacare0
- March 27, 2016
Was the Supreme Court right to call Obamacare’s insurance penalty a “tax?”
READ MOREDid Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes0
- August 5, 2014
Note: This a modified version of an article that appeared at The American Thinker. Two years ago, the Supreme Court declared Obamacare’s penalty for failure to purchase conforming insurance to be a “tax.” Several plaintiffs subsequently sued in federal court arguing that the penalty is invalid for violating the Constitution’s Origination Clause. The Origination Clause
READ MORE
The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’0
- July 14, 2014
Note: This item originally appeared at the website of The American Thinker. The Hobby Lobby case is being hailed by freedom advocates as a great victory. On balance it certainly it is a victory for those who value personal freedom. But it also contains land mines that may one day prove destructive to freedom. One
READ MOREIs the Obamacare Mandate Unconstitutional Because It Originated in the Senate?0
- February 24, 2014
The Patient Protection and Affordable Care Act (PPACA or “Obamacare”) imposes a sliding-scale financial penalty on people who do not buy health insurance conforming to federal standards. In NFIB v. Sebelius, the Supreme Court upheld the penalty as a constitutional “tax.” But that may not be the last word on its constitutionality. A lawsuit brought
READ MOREHow a Conspiracy Cracked a Monopoly0
- December 1, 2013
Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case. This “conspiracy” was not a political plot or an illegal combination. Rather, it is one of the nation’s two top constitutional law websites—a
READ MORE
