Tag Archives: Constitution & health care

If mandatory insurance is a “tax”, then ObamaCare violates Constitute’s Uniformity Clause

By defining the mandate as a tax, one that will not be uniformly applied, the Supreme Court ran afoul of the Constitution. Continue reading

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Rob Natelson on Supreme Court’s sophistry, why mandatory insurance is not a tax

The rampant sophistry of the SCOTUS decision. Why mandatory insurance is not a tax, and if it is, it’s unconstitutional because it’s a direct tax that is not apportioned among the states. Continue reading

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Kopel: Neither Constitution or tax law justifies excise tax for not buying a product

Kopel: “There is literally no constitutional or tax-law precedent for the notion that an individual can be subject to an excise tax merely for choosing not to buy a product.” Continue reading

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Dave Kopel Explains SCOTUS ObamaCare Decision

Host Jon Caldara is joined by Dave Kopel, constitutional law professor and attorney of record for two (count ‘em, two) Independence Institute amicus briefs in the Obamacare Supreme Court case, to dissect and explain the court’s rulings on the controversial health care law. Continue reading

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Is There a Silver Lining to the Supreme Court’s Obamacare Decision?

What does the SCOTUS decision mean for the implementation of the law and the political effort to repeal it? Continue reading

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The dubious policy assumptions behind ObamaCare’s legal defense

ObamaCare’s legal defense relies as much on policy arguments—about the nature of uncompensated medical care, the role of Medicaid, and the interaction of the law’s various provisions—as it does on constitutional reasoning. But the policy case is just as dubious as the constitutional one. Continue reading

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Three ‘What-if’ Scenarios for Obamacare & the Supreme Court

While the Supreme Court’s decision is likely a month away … Congress, state governments, and businesses across the country are puzzling over “what if” alternatives to try to be ready when the decision is issued. Here are the three most likely options: Continue reading

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Thomas Sowell: Obama lies about Supreme Court & health care

“There is no way that Barack Obama has never heard of it or really believes it to be “unprecedented” after two centuries of countless precedents. In short, he is simply lying.” Continue reading

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Supreme Court & Health Care: Force Begets Force Under Health Mandates

At issue is whether the federal government may force people to purchase health insurance. The arguments demonstrate that the mandate is a response to the problems created by other government controls of health care and insurance. Continue reading

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Kopel on Obamacare & the Supreme Court

CO Independent reports: “The Independence Institute … has filed what it is calling two “potentially game changing” briefs with the U.S. Supreme Court. The court this week is hearing arguments on the constitutionality of the two-year-old law.” Continue reading

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