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Tag Archives: Constitution & health care
Independence Institute’s amicus brief on Fed’s mandate to expand Medicaid eligibility
At the The Volokh Conspiracy, Independence Institute’s Research Director Dave Kopel writes: “On behalf of the Independence Institute, Rob Natelson and I wrote an amicus brief on the Medicaid mandate currently before the Supreme Court. (The ACA requirement that states must drastically expand Medicaid eligibility, or lose all their federal matching funds for Medicaid.)” Continue reading
Posted in Medicaid/Medicare/SCHIP, PPC
Tagged Constitution & health care, federalism
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Dem. constitutional law prof. on ObamaCare Supreme Court case: Judge Kagen should recuse herself
“I have been a liberal constitutional law professor for more than 20 years, and a loyal Democrat. I believe the Affordable Care Act is constitutional and that it would be truly unfortunate for the country (and the party) if the court strikes it down. … as a matter of both principle and law, Kagan should not hear the case.” Continue reading
Dave Kopel on what the Supreme Court should do w/ Obamacare Case
Dave Kopel, Research Director of the Independence Institute, what the Supreme Court should do with the ObamaCare case. Continue reading
Posted in mandatory insurance
Tagged Constitution & health care, mandatory insurance
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Mandatory health insuance both a tax & not a tax
The so-called Justice Department wants the Supreme Court to *not* consider mandatory insurance as a tax when deciding to hear the case, but after it does decide, the DOJ’s lawyers will argue that it’s a tax. Continue reading
Posted in mandatory insurance
Tagged Constitution & health care, HR 3590, ObamaCare lawsuit
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Obama’s pre-election strategy of silence on ObamaCare
The White House is quietly implementing a strategy of silence on Obamacare. Its goal: making sure the revolt against the unpopular health care overhaul that swept Republicans into power across the country in November 2010 isn’t repeated in 2012. Continue reading
Posted in Policy - National
Tagged Constitution & health care, politics of health care
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Let’s Model ObamaJobs After ObamaCare!
Simply by varying a few features of ObamaCare, the president could guarantee nearly “universal” employment just as ObamaCare has guaranteed nearly “universal” health coverage. Continue reading
Yet Another Court Voids Obamacare’s Insurance Mandates | Our American Constitution
Independence Institute constitutional scholar Rob Natelson comments on the Eleventh Circuit ruling the individual mandate in Obamacare to be unconstitutional. Continue reading
Posted in mandatory insurance, PPC
Tagged Constitution & health care, mandatory insurance, ObamaCare lawsuit
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Mandatory insurance & regulating inactivity: a radical constitutional departure
Ilya Somin of George Mason School of Law says that the recent appellate court decision finding the individual mandate constitutional undermines federalism, misconstrues the boundaries of congressional authority, and lays the groundwork for limitless federal mandates Continue reading
Posted in mandatory insurance, Uncategorized
Tagged Constitution & health care, HR 3590
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Health care bill pushes limits of constitutionality
Dave Kopel writes: “When the [health care bill] was moving through Congress, there was a lot of bluster from proponents of the law, who insisted that there were absolutely no potential constitutional problems. Most famously, House Speaker Nancy Pelosi scoffed “Are you serious?” to a journalist’s question about the law’s constitutionality. As it turns out, there are a lot of serious questions.” Continue reading
ObamaCare’s tough day in court
Assuming the high court deigns to hear the case, [there's] awkward reality that one of the Supreme Court justices, Elena Kagan, was obviously involved in orchestrating the legal defense of ObamaCare. Thus, there will be legitimate calls for her to recuse herself from any case involving that law. Continue reading