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.
A decade after Obamacare, the Democratic Party has embraced health care radicalism.
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
The Kentucky senator wants the Senate to consider offsetting spending cuts before approving limitless, automatic spending for the rest of the century.
The cost of single-payer would dwarf the price of Obamacare.
Biden is framing his new plan as a defense of Obamacare. It's not.
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
A new Congressional Budget Office report shows the consequences of undoing Trump-era rules on less regulated health coverage.
The new plan is likely to resemble an old plan that was barely a plan at all.
This is selective enforcement of the law for political purposes.
It's an attempt to make an end-run around congressional spending authority.
In 2019, it's liberals, not conservatives, who are holding the pill hostage for political gain.
Plus: Libertarians face resistance while picking up trash without a permit, and Trump imagines Sen. Warren at the Wounded Knee massacre.
Trump's shutdown is a temporary, political fight that won't save any money or reduce the size of government.
Under the health law, Medicare started penalizing hospitals for too many readmissions. Now mortality rates are up.
[A guest-post by Prof. Josh Blackman (South Texas College of Law), a noted expert on Obamacare-related litigation. -EV]
The judge was right to conclude that the individual health insurance mandate is now unconstitutional, but wrong to rule that the rest of the ACA is now unlawful because it can't be severed from the largely toothless mandate left in place under the 2017 GOP tax bill.
The ruling will almost certainly be appealed.
Premiums are down and choice is up after Republican tweaks to the Affordable Care Act.
The Obamacare contraception mandate is getting a Trump-era overhaul.
The White House plans to import foreign prescription-drug socialism to the United States.
The biggest shock from yesterday's midterms was that everything went more or less as expected.
At an election-eve campaign rally, Trump all but defends the health law he tried to repeal.
Instead of justifying the GOP position on pre-existing conditions, Trump and other Republicans are trying to confuse people.
Turns out voters like the Democratic health law...when it's run by Republicans.
In a new op-ed attacking single-payer, Trump inadvertently reveals that he's in favor of socialism-as long as it's for his supporters.
His true impact may be less about transforming the Court's ideology, and more about altering its status in political life.
Plus: Kavanaugh confirmation is official and child care tax credits backfire.
New Census data shows little change from 2016.
Clinton runs with a Kamala Harris whopper that's already been debunked.
While president, Obama was a single-payer critic. Out of office, he thinks it's the wave of the future.
Rules and regulations intended to reform health care are driving private practices out of business by overconfident design.
Trump's SCOTUS nominee probably won't have an impact on Obamacare. But that won't stop Democrats from making the argument.
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
Reason editors grapple with disassociation etiquette, family separation, third-party legal doctrine, health association plans, and the existential despair of Fozzie Bear
Most of the attention on the twenty state lawsuit against Obamacare understandably focuses on the "severability" issue, which could lead to the demise of the entire Affordable Care Act. But the individual mandate part could also set an important precedent.
The DOJ's argument for striking down the health law's preexisting conditions rules is weak.
They have every right to refuse to do so, much as Obama had a right to refuse to defend the Defense of Marriage Act. But some of the arguments Trump is making are extremely dubious.
Instead, the executive branch will argue that the insurance requirement and the health law's preexisting conditions rules should be struck down.
Plus: Obamacare premiums rise, Trump praises NFL anthem policy.
The GOP is abandoning policy goals that used to define the party, and replacing them with raw Trumpism.
Almost by accident, the GOP has made Obamacare their own.
