Taxing the Rich Isn't Enough to Pay for Democrats' Welfare State. They'll Need To Soak the Middle Class Too.
There simply aren't enough rich people to finance all the new spending.
Affordable Care Act
Democrats Plot Huge New Federal Health Program as Part of $3.5 Trillion Budget Plan
Plus: Steven Horwitz's economic theories, Hawaii cops sued over fatal shooting, and more...
Courthouse Steps Podcast on California v. Texas
A discussion with Mario Loyola on the Supreme Court's latest Affordable Care Act Decision
Collins, California, and Standing-as-Usual: A Response to Josh Blackman
No, Justice Alito's opinion for the Court did not endorse standing-through-inseverability.
Three Years of Commentary on California v. Texas
An index of my writings on what may be the last major Obamacare case to get to the Supreme Court.
Would Justice Alito Have Struck Down the GOP Obamacare Replacement?
The logic of Justice Alito's California v. Texas dissent would apply equally to the Affordable Care Act replacement Republicans tried to pass.
Three Years Worth of Blogging on California v. Texas
A handy index of my writing on this improbable ACA challenge.
What the Supreme Court Got Right (and Justice Alito Got Wrong) in the Texas ACA Decision
A slightly deeper dive into today's California v. Texas decision rejecting the effort to turn constitutional litigation into a game of Jenga.
My Washington Post Op Ed on Today's Supreme Court Obamacare Decision
The article explains the Court's ruling, and why the plaintiff states deserved to lose on the main issue.
Preliminary Thoughts on California v. Texas
The Supreme Court ruled the right way, but arguably for the wrong reason.
BREAKING: SCOTUS Holds 7-2 Texas Lacks Standing to Press Obamacare Claim (Updated)
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
Biden Administration Reverses DOJ Position in Texas ACA Case
The Department of Justice is now willing to defend the constitutionality of the Affordable Care Act and the severability of the penalty-less mandate.
The Risks to the ACA of a Standing Decision in California v. Texas Are Overstated (Updated)
If the Supreme Court opts to dismiss the latest challenge to the Affordable Care Act on standing grounds, this will not leave the ACA particularly vulnerable to future challenge.
Biden's Choice To Head Health and Human Services Is a Lawsuit-Happy Government Nanny
California Attorney General Xavier Becerra loves to tell people what they can and cannot do with their bodies.
Thoughts on Today's Oral Argument in California v. Texas—the Obamacare Severability Case
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.
Live Blogging California v. Texas (Updated)
High points and low points of today's oral argument in the latest Affordable Care Act case. (Updated with some summary conclusions.)
On the Eve of Argument in California v. Texas
Some things to listen for when the Supreme Court hears oral argument in the latest Affordable Care Act case.
Standing to Challenge the Individual Mandate
Plaintiffs may have had standing in NFIB v. Sebelius, but they don't in California v. Texas.
No, Amy Coney Barrett Isn't Part of a 'Dark Money' Plot To Overturn Gay Marriage and Abortion
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.
Would Justice Barrett Be Required to Recuse in the Texas ACA Case?
Does participation in a moot court require recusal?
The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"
A core element of the latest case against the Affordable Care Act rests on a legal fiction.
How Judge Barrett Ruled in the Texas ACA Case (Updated)
Judge Amy Coney Barrett participated in a moot court of Texas v. California, and it did not go well for the challengers.
SCOTUS Expands Texas ACA Case Oral Argument (Updated)
Two sets of states, the House of Representatives and Solicitor General all get argument time.
The Obamacare Birth Control Coverage Fight That Never Ends
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.
It's 'Access' to Birth Control Versus Employer Beliefs Again at the Supreme Court
The Obamacare contraception mandate continues to cause legal trouble.
Obamacare Returns to the Supreme Court—Yet Again
My take on today's decision to consider the Obamacare severability case.
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
Fifth Circuit Declines to Rehear Obamacare Severability Case en banc
The ruling by a closely divided court leaves in place a December panel decision in this important case - at least for now.
President Trump Rejects Premise of Justice Department Briefs in ACA Case
Once again, the President's Twitter feed contradicts the claims of his lawyers.
The Fifth Circuit ACA Case: The Good, the Bad, and the Ugly
The plaintiffs' quarrel is with the statute book, not the defendants.
Impeachment Overshadows Obamacare Ruling
Plus: States sue to stop Equal Rights Amendment, French sex workers take prostitution laws to E.U. court of human rights, and more...
Fifth Circuit Sends Obamacare Severability Issue Back to Square One—But Not Quite
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
Where Is the Fifth Circuit's Opinion in the Texas ACA Case? [Updated]
Oral argument was in July, so why hasn't the court issued an opinion yet?
The Trump Administration Does Not Support The Total Invalidation of the ACA
DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs
The Affordable Care Act Imposes A Mandate. Not a Choice.
The Structure of NFIB v. Sebelius: Parts III.A, III.B, III.C, and III.D
The Private Plaintiffs Are Still Standing in Texas v. U.S.
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
On the Eve of Oral Argument in Texas v. U.S.
A quick round up and response to Josh Blackman and Randy Barnett
My Concluding Thoughts on Severability in Texas v. U.S.
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
NFIB v. Sebelius Already Addressed the "Injury in Fact" Question in Texas v. U.S.
An important element of standing has already been decided by the Court
Texas v. U.S.: Why the Individual Mandate is Still Unconstitutional
Understanding NFIB v. Sebelius