Jon Cohn has a good post about a subject that's on a lot of minds given the hostile reception the ACA received at the Supreme Court this week: judicial legitimacy. It's worth unpacking the different things this might mean. Certainly, from the standpoint of my...
health care
I have some thoughts at CIF about why the challengers to the ACA simultaneously argue that the mandate isn't a regulation of interstate commerce and is so essential to a.
Even if the ACA narrowly survives, David Frum is in for a rude awakening: Even though the Solicitor General reportedly choked today, that doesn't change the fact that the conservatives.
After going back and forth for a year I ended up being somewhat more pessimistic than a lot of liberal observers before the argument, so I perhaps wasn't as shaken as they were. (I agree with Jon Cohn did the oral argument did not at...
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,.
Much more later about today's argument, but I'd like to address this particular slippery slope hypothetical from Scalia, responding to the government's argument about the necessity of the mandate to.
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...
I have a piece up at the Prospect about the obvious constitutionality of the Affordable Care Act. In particular, the "activity/inactivity" distinction cooked up by conservatives to get the ACA.
it turns out he's somewhat opposed, if we can interpret "social programs led to the collapse of the British Empire" and "the British National Healthcare system is a devastating program.
Tonight, Politico hands Paul Ryan its award for Health Care Policymaker of the Year. Because inside the Beltway, actually crafting useful policy that helps people is meaningless. No doubt it's only matter of time before James Inhofe wins Environmental Policymaker of the Year and Michelle...
As Paul mentioned, as expected the Supreme Court will be hearing the case. Perhaps the most interesting thing is that the Court will be having a longer-than-usual argument about the.
The interesting thing about the lead opinion is that it was written by Laurence Silberman, a judge with impeccable conservative credentials. As Jon says, it's a straightforward but very strong.