Tag Archives: Constitution & health care

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

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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

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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

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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

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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

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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

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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

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White House: Buy Health Insurance or Be Poor

“[T]he government’s latest position that the [health control] law doesn’t really require people to buy health insurance at all. We have the option instead of earning less money. ” Continue reading

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Health care updates from Cato Institute

The latest health care commentary by Cato Institute scholars on: Newt Gingrich, Mitt Romney, mandatory insurance as elitist, unconstitutional, and based on phony justification. Continue reading

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Summarizing the legal case against ObamaCare

The Cato Institute has published a new white paper (22 pages) by its chairman Robert Levy: The Case Against President Obama’s Health Care Reform: A Primer for Nonlawyers. It summarizes why mandator insurance is unconstitutional. Continue reading

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