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So We Agree!

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On March 28, 2012

Paul Clement is so good that he started his argument today with a devastating rebuttal of his own argument that the mandate is unconstitutional: If the individual mandate is unconstitutional, then the

The Broccoli Menace

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In General
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On March 28, 2012
While I’m waiting for my other piece on yesterday’s argument, since it’s relevant again I thought I’d dip into my nostalgia file and link to my piece about why the slippery slope arguments against the ACA are really dumb. Namely, 1)there’s a lot of traction on that slope, and 2)in any case the fact that […]
Since I was skeptical about whether the Court was seriously considering using a jurisdictional ruling to dodge the constitutional issue ex ante, the oral arguments yesterday certainly did nothing to dissuade me. Looking around, this seems to be the consensus. Had a lower court not bought the anti-injunction argument, I doubt the Court would have […]
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