Tag Archives: Health care

ObamaCare: the Value of Narrative in Appellate Advocacy

Today begins oral argument in No. 11-398, U.S. Dep’t of Health & Human Services v. Florida, the “ObamaCare” case.  By most counts, this is a case Republicans should expect to lose, probably by a lot. The Supreme Court has never limited congressional power to regulate strictly economic conduct, not even at the high point of Chief Justice Rehnquist’s […]

Corporate Death Panels: Insurance Hoops

We all remember — how could we not — Sarah Palin’s alarmist fears about how the government would “ration” healthcare, leading nameless, faceless bureaucrats to make decisions that could kill off disfavored elements of the population, like sick children and the elderly. Palin’s li(n)e was always inflammatory, contributing to the climate of extremism Republicans apparently […]

The Eleventh Circuit on “ObamaCare”: How the Tea Party Actually Lost

See others’ take on the same. Set aside the Court’s holding that the individual mandate represents an inappropriate expansion of the Commerce Clause — to which this is a proper rejoinder.  Instead, when reading the monolithic opinion (pdf), take note of Section III.B, which begins on page 55, and rejects the Plaintiffs’ attempt to read […]

A First Appellate Loss for “ObamaCare” Detractors

The Thomas More Law Center — conservative America’s answer to the ACLU — is no stranger to defeat, whose acquaintance they made again today, as the Sixth Circuit became the first court of appeals to issue a decision on “ObamaCare,” and the first to sustain the Act (pdf). The majority decision comes as a thorough […]

The Vanishingly Fine Line in the ObamaCare Litigation

The Eleventh Circuit breaks with most of its sister courts in not posting audio of argument online. So we must rely on the New York Times’ coverage to evaluate yesterday’s argument in State of Florida v. U.S. Dep’t of Health & Human Services, or, the Republican Party’s ongoing quest to invalidate a health care law […]

“ObamaCare” Now 2 for 3

That’s not counting the six or so judges that’ve tossed challenges to the law on procedural grounds. The latest sustainer comes from Gladys Kessler, a very highly respected jurist for the District of Columbia’s federal district court. The decision nails this critical point: the Supreme Court has twice rejected the notion that studied avoidance of […]

HotAir Doesn’t Really Get Litigation (or, Why “ObamaCare” Remains Valid)

Man, things like this are infuriating. Malkin’s pet website tries to draw an inference of bad faith, or bungling, from the White House’s request to Judge Vinson that he clarify that, during the pendency of appeals, the Affordable Care Act remains valid and enforceable. Legal scholar Ed Morrissey: Essentially, the Obama administration wants Vinson to […]

Justin Bieber Gets Something Right?

Abbreviated, as still recovering from travel, but the argument went well! Because you surely care, Justin Bieber, apparently, is pro-life (but for weird reasons) and pro-single payer (but for no discernible reason). It’s not really clear why we should care here, specifically, or about celebrity views on politics, generally. But note this: how often do you see […]

The Cynicism of Constitutional “Conservatives”

Laurence Tribe flags the cynical worldview underpinning the right’s conviction that the health care litigation will be a 5-4 win, or a 5-4 lose: But the predictions of a partisan 5-4 split rest on a misunderstanding of the court and the Constitution. The constitutionality of the health care law is not one of those novel, […]

The Immediacy of Constitutional Rhetoric

Reading Judge Vinson’s ruling invalidating the Affordable Care Act, the Washington Post thinks that: Vinson’s ruling reflects an explicit understanding among conservatives that legal fights are not so much won or lost on matters of legal precedent, but also on the field of public opinion, and that swaying the views of Justice Anthony Kennedy, whose […]