California Attorney General Xavier Becerra loves to tell people what they can and cannot do with their bodies.
Affordable Care Act
It is not clear how the Court will ultimately resolve the case. But it is obvious that a majority of justices oppose invalidating the entire Affordable Care Act.
Such theories are not based in fact.
Democratic Warnings That Confirming Amy Coney Barrett Would Doom Obamacare Are Implausible and Confused
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Does participation in a moot court require recusal?
A core element of the latest case against the Affordable Care Act rests on a legal fiction.
Judge Amy Coney Barrett participated in a moot court of Texas v. California, and it did not go well for the challengers.
Two sets of states, the House of Representatives and Solicitor General all get argument time.
Plus: Biden echoes Trump on trade, tech ties to cops revealed, and more...
The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It.
We submitted another strange bedfellows amicus brief on severability in the Texas ACA case.
Will the Trump Administration Finally Abandon Its Bizarre Position in the Texas ACA Case? (Update: No)
CNN reports that Attorney General Barr is (again) voicing opposition to DOJ's argument that zeroing out the mandate penalty should upend the entire law.
The Obamacare contraception mandate continues to cause legal trouble.
Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)
Today's cert grant is based on the importance of the case, not the quality of the arguments
The ruling by a closely divided court leaves in place a December panel decision in this important case - at least for now.
Once again, the President's Twitter feed contradicts the claims of his lawyers.
The plaintiffs' quarrel is with the statute book, not the defendants.
The appellate court remanded the most important issue in the case back to the district court. But its instructions will make it difficult for the trial judge to again rule that the entire Affordable Care Act must fall with the individual mandate.
BREAKING: Fifth Circuit Declares Individual Mandate Unconstitutional, Punts on Whether Rest of ACA Must Fall (Updated)
As if there wasn't enough going on this week, a federal appellate court issues a significant (and significantly flawed) ruling in the latest Obamacare challenge
Oral argument was in July, so why hasn't the court issued an opinion yet?
DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs
The Structure of NFIB v. Sebelius: Parts III.A, III.B, III.C, and III.D
If the Private Plaintiffs in NFIB v. Sebelius were injured by the mandate, then the Private Plaintiffs in Texas v. U.S. are injured by the mandate
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
An important element of standing has already been decided by the Court
Understanding NFIB v. Sebelius
Another amicus brief on severability and the Affordable Care Act.
The Trump Administration's embrace of an implausible legal theory has few defenders.
The Trump Administration has decided that the Affordable Care Act should be voided in its entirety.
In 2019, it's liberals, not conservatives, who are holding the pill hostage for political gain.
In the midst of the holidays, Judge O'Connor paves the way for an appeal of his decision concluding all of the ACA is unlawful, while further demonstrating the weakness of his initial decision.
Understanding Why Judge O'Connor Was Wrong to Conclude Plaintiffs Had Standing to Challenge the Penalty-Less Individual Mandate
Judge O'Connor was wrong to conclude that two individuals who would prefer not to purchase health insurance had standing to challenge the law.
A federal district court judge in Texas has accepted a strained and implausible argument that the Affordable Care Act must be struck down because Congress eliminated the tax penalty for failing to purchase qualifying health insurance.
The Obamacare contraception mandate is getting a Trump-era overhaul.
Plus: Kavanaugh confirmation is official and child care tax credits backfire.
While all eyes focused on the Kavanaugh hearings (and an "anonymous" op-ed), a court heard argument in the latest ObamaCare challenge.
Rules and regulations intended to reform health care are driving private practices out of business by overconfident design.
The "direct primary care" movement is attracting physicians sick of red tape. And it's transforming the doctor-patient relationship.