Tag Archives: constitutional law

The paranoid caucus, reality and Obamacare

A few days after the Supreme Court, with some tweaks, upheld the Affordable Care Act, conservative political analyst/journalist Byron York reported “conservative anger is growing.” In one example York gave: I ran into a prominent conservative member of Congress Friday night just before the huge storms moved through Washington.  He was, he said, far angrier […]

Short hits: The Affordable Care Act and the Supreme Court

1. Before the oral arguments on the Affordable Care Act, the American Bar Association conducted a survey of constitutional law scholars and lawyers with constitutional law practices. 85% thought the entire law would be upheld and 15% thought it would be upheld in part. On the question of the individual mandate, 100% believed that the […]

Supreme Court says: State and federal powers on health care

The Supreme Court’s decision on health care upholds state and federal powers on health care. On Monday, the Court ruled on behalf of the powers of the federal government. Now, by upholding the individual mandate as part of the power to tax, which is in Article I, Section 8 of the Constitution, the Court has […]

With health care ruling, will the Court support national rule?

As one who hates to predict elections and court cases, I’m not willing to make a prediction on how the Supreme Court will rule on the Affordable Care Act/Obamacare. But Mondays’ decisions have added a wrinkle in two respects: 1. Both the Arizona immigration case and the reaffirmation of Citizens United in the Montana campaign […]

When did Republicans decide that criticizing judicial activism is “dangerous”?

1996 Republican Party platform The federal judiciary, including the U.S. Supreme Court, has overstepped its authority under the Constitution. It has usurped the right of citizen legislators and popularly elected executives to make law by declaring duly enacted laws to be “unconstitutional” through the misapplication of the principle of judicial review. Any other role for […]

Short hits: Affordable Care Act jurisprudence and Swing state gender gaps

An argument about cost-shifting between the states demonstrates the interstate costs of health care and would have helped make a dandy constitutional argument. Jeffrey Rosen, the legal affairs editor of The New Republic argues “when it comes to providing insurance guarantees for the uninsured, any state would be worse off if it tried to solve […]

Whose health is important? The Supreme Court’s conservatives have priorities

With life-and-death issues at stake, several Supreme Court justices showed great concern Wednesday for a group that could suffer if the individual mandate is struck down: insurance companies. “What would happen to the insurance industry, which would now be in the hole for $350 billion over 10 years?” Justice Samuel Alito asked. Scalia expressed similar […]