Injunction Junction: Whether Vinson's Decision Halts Reform
February 01, 2011
When Judge Roger Vinson issued his decision on the Affordable Care Act, the first question everybody asked was "did he rule it unconstitutional?" The answer to that question was "yes." The second question everybody asked was "did he issue an injunction halting implementation?" The answer to that question was "no." But then a third question emerged: Would Vinson's decision get in the way of implementation anyway? I spent much of the evening trying to track down a definitive answer. I never got one.
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.
Getting Sick Isn't Voluntary. Getting Insurance Shouldn't Be Either.
October 18, 2010
The lawsuits challenging health care reform rest on a few key arguments, perhaps none more important than the idea that requiring people to get health insurance encroaches on personal liberty. As the argument goes, every American should have the right to choose whether or not to buy health insurance.