Repeal of Individual Mandate Was Obama’s Plan All Along
From the diaries by Leon… With news that a federal judge in Florida has declared the entirety of Obamacare to be unconstitutional, the left has reacted with predictable outrage. Cries of “activism” have echoed throughout the editorial pages, news networks, and university halls, and just about everywhere else liberals dominate. But while Democrats express their near uniform consternation, there is one notable leftist who is | Read More »
Senator Mike Lee on ObamaCare and the Commerce Clause
Yesterday, the Senate Judiciary Committee held a hearing on the constitutionality of ObamaCare. Senator Mike Lee (R-UT) questioned Walter Dellinger, former Clinton Solicitor General for the 1996-97 term and law professor at Duke, about his views on the individual mandate provision in the law. The questioning of Professor Dellinger on the constitutionality of the individual mandate was a preview of the debate that we shall see before | Read More »
Charles Fried: Yes, Government Can Make You Buy Broccoli
In a classic example of “something that would’ve been more useful yesterday,” Senate Democrats today held a hearing in the Judiciary Committee on the constitutionality of the individual mandate. One of the guests was Charles Fried, a prominent Harvard Law professor. When Sen. Dick Durbin (D-IL) asked a question of Fried today about the so-called “broccoli mandate” hypothetical — which gets to the question of | Read More »
Beware of Narrow ObamaCare Victory
From the diaries by Erick The biggest news in today’s ruling that the ObamaCare individual mandate is unconstitutional is the court’s decision to strike down the entire ObamaCare statute because the unconstitutional mandate cannot be severed – that is, separated – from the rest of the statute’s provisions. Today’s decision signals, not only that the individual mandate is unlikely to survive its now-inevitable review by | Read More »
More judicial Obamacare salvoes this week.
There are two cases in Florida and Virginia expected to be decided this week over the constitutionality of Obamacare. The underlying issue is whether the US Constitution gives Congress the right to force its citizens to engage in commerce (specifically, whether Congress can mandate individuals to buy health insurance). Which, the last time I checked, it does not; and while I understand that Obamacare’s remaining | Read More »
Severability and Obamacare
Several state legislators have reached out to me recently with questions about the nature of severability and Obamacare. Since some Redstaters seem to have questions as well, I thought I’d explain a bit about what this means. Most laws of large size and scope have something called a “severability clause” attached to them. Essentially, this means that if one part of a piece of large | Read More »
WH: Individual mandate now a tax.
Democrats, administration apologists hardest hit. (H/T: Hot Air Headlines) If you are surprised at this… [deep breath] well. You should not be. When Congress required most Americans to obtain health insurance or pay a penalty, Democrats denied that they were creating a new tax. But in court, the Obama administration and its allies now defend the requirement as an exercise of the government’s “power to | Read More »