March 17, 2011
The day that President Obama’s Affordable Care Act was signed, March 23, 2010, was also the day that the first challenges to the law were filed in federal court. Back then, the notion that health care reform could be overturned seemed remote. For one thing, it would require the Supreme Court to abandon decades of precedent. But nearly as big an obstacle, it seemed, was that the filer of the first suit to move forward was Kenneth T.
This Is Not Judicial Restraint
February 07, 2011
Having spent a lot of time last week accusing health care reform's legal critics of bad faith, let me respond to one to whom that description does not apply: David Hogberg. Hogberg writes about health care for Investor's Business Daily. Once upon a time, he wrote for the American Spectator. I know, those are not two of the publications that first come to mind when you think about nuanced policy writing. But Hogberg knows a lot about health care. I agree with him rarely but he seems like a congenial guy, based on our limited interactions.
Shocker: A Court Decision Tinged with Politics
February 01, 2011
Did Roger Vinson, the federal judge who on Monday ruled the Affordable Care Act unconstitutional, have a particularly conservative take on politics as well as the law? His ruling certainly suggests as much. There’s what looks like a shout-out to the Tea Party--specifically, a reference to the American Colonists' outrage over the tax on tea. (Page 42.) There’s the gratuitous reference to General Motors as “partially government-owned.” (Page 45.) And there’s the use of President Obama’s campaign rhetoric against the law Obama now supports.
Judge Rules Against Reform, Ignores Facts (Updated)
January 31, 2011
Federal Judge Roger Vinson has ruled against the Affordable Care Act, striking down not just the individual mandate but the rest of the law, as well. Vinson had made his skepticism of the law very clear during oral argument, so the ruling isn't surprising, although his decision to invalidate the entire statute goes farther than the decision by Judge Henry Hudson, the federal judge who invalidated the law last last year. Vinson did not halt implementation of the law.
The Individual Mandate Backlash And Conservative Hysteria
December 15, 2010
Starting in the early 1980s, up through well into 2009, the individual mandate was an eminently respectable Republican position, embraced by conservative policy wonks and leading Republicans.
Romney: For the Mandate Before I Was Against It
December 15, 2010
Mitt Romney, as my colleague Jonathan Chait keeps pointing out, has a big problem as he pursues the 2012 Republican presidential nomination: His signature achievement as governor of Massachusetts was creating a universal health coverage scheme that looks a lot like the Affordable Care Act. In particular, the Massachusetts reforms include an individual mandate--a requirement that everybody get health insurance. The Affordable Care Act has one of those too.
Can't Anybody Here Play This Game?
December 14, 2010
First the drafters of the Affordable Care Act failed to include a"severability" clause, which would ensure that if any portion of it was ruled unconstitutional, the rest would remain in effect. Fortunately, judge Henry Hudson's ruling against the individual mandate didn't endeavor to toss out the entire law.
The Health Care Ruling Doesn't Worry Me
December 13, 2010
Click here for Jonathan Cohn on why we shouldn't freak out about the ruling. Conservatives are jubilant that a Republican judge in Virginia has agreed with their contention that the individual mandate, formerly a pillar of Republican health reform proposals, is unconstitutional: “Today’s ruling is a clear affirmation that President Obama’s health care law is unconstitutional,” Virginia Rep. Eric Cantor, the presumptive House majority leader next year, said in a statement. ... “Today is a great day for liberty,” Utah Sen.
July 14, 1986
Guess what, Miss Liberty. Ed Meese has a birthday present for you. On July 3, a few hours before President Reagan flies north to officiate at the centennial celebration of the world's biggest female statue, his attorney general, if all goes as planned, will release the final text of the report of his pornography commission. The resulting fireworks may rival the big show in the sky over New York Harbor.