Obamacare is on the ropes. As everyone is beginning to understand, the malfunctioning website is the least of it. There’s the millions of canceled individual policies, skyrocketing Medicaid enrollments … and much more trouble ahead. As previously reported, four pending lawsuits challenge an IRS rule that would extend the ACA’s coverage mandates and subsidies into states that have declined to establish a state exchange and are now operating under healthcare.gov. Sean Trende has a tremendous piece on the four cases here. Two of the cases were brought by states (Oklahoma and Indiana). The other two were cobbled together by the Competitive Enterprise…
The Triumph of Constitutional Argument
The legal professoriate and commentariat are completely unhinged over the impending demise of the individual mandate, the conservative justices supposed infatuation with Tea Party nostrums (see, e.g., Charles Fried’s pathetic tut-tut), and General Verrilli’s supposedly incompetent defense. So let’s go to the transcript and try to explain this one more time, in terms that even the Harvard crowd may be able to comprehend.
Obamacare: The States’ Rights and Wrongs
Briefs have been trickling into the U.S. Supreme Court in the Obamacare cases. Soon, they’ll come flooding: briefing on the Affordable Care Act’s individual mandate is starting today.