Jonathan Adler

Obamacare Returns to the Supreme Court
November 07, 2014

The stakes are very, very high.

Obamacare Just Took a Hit in Court. Will SCOTUS Care?
September 30, 2014

Republican judge in Oklahoma upholds legal challenge. Will the Supreme Court care?

Obamacare Lawsuits Just Suffered a Big Setback
September 04, 2014

The challenge lives, but its vital signs are looking a lot worse.

The Immigration Debate Takes a Surprising Twist
August 13, 2014

Pundits are lining up in some unpredictable ways

The Latest Obamacare Lawsuits Simply Want to Cripple the Law
July 22, 2014

Millions would lose financial assistance for buying insurance. That's just what the law's critics want.

Brace Yourself: Judges Are About to Rule on Obamacare Again
July 15, 2014

Libertarians are trying to upend the law—and rewrite history. Will they succeed?

The Legal Crusade to Undermine Obamacare—and Rewrite History
December 05, 2012

Can one determined libertarian stop millions of people from getting health insurance?

Conservatives' Last Legal Option to Invalidate Obamacare
June 29, 2012

If Republicans take the White House and both chambers of Congress in November, there’s a good chance they will repeal most, if not all, of the Patient Protection and Affordable Care Act. But after yesterday’s Supreme Court ruling, the law is safe from legal challenges, right? Not so fast. We may see one more last-ditch conservative effort to gut a major portion of the law. Right now, there are small challenges to Obamacare that are making their ways through the courts.

The Justices and Their Agendas
June 21, 2012

[Update at 10:30 a.m.: The Supreme Court just finished issuing its decisions for the day; the health care cases were not among them. The court convenes again on Monday, the last scheduled session of the term. It could deliver its verdict then. Or it could decide to convene again one or more days next week, as it sometimes does at the end of the term. The Court will likely make such an announcement later today, according to SCOTUSblog.

The Court, Or The People?
May 01, 2009

Jonathan Adler over at the Volokh Conspiracy makes two great points about Justice Souter's retirement.  First, as he notes, it's simply a mistake to say that Souter's departure won't have much impact on the voting lineup on the Supreme Court.  That may be true on most high-profile political issues the Court addresses, but in cases dealing with more mundane matters--that is, the majority of the Court's docket--the fault lines are more fluid and Souter's departure could make a real difference, notably in the realms of criminal procedure and punitive-damage awards.  This is especially true given