New Twist in the Obamacare Lawsuits
December 05, 2011
The legal case against the Affordable Care Act may have just become weaker. And it’s not because of anything that happened in Washington. It’s because of something that happened in Florida: The filing of bankruptcy papers by Mary Brown, who until recently owned and operated an auto repair shop near Pensacola. Brown’s story, which the Wall Street Journal reported in Monday’s editions, seems genuinely heartbreaking: From the sounds of things, the twin shocks of the recession and the Gulf oil spill basically killed her business.
The Worst Case
January 19, 2011
Author’s note: Oral arguments are finally over. By the end of this term, we’ll know whether the Supreme Court thinks the Affordable Care Act is constitutional—and, if not, which parts (if any) may survive. But what about the underlying legal theory? What about the claims, made by the health law's critics, that it's an unprecedented and unjustified violation of individual liberty? In late 2010, as these lawsuits were first moving through the courts, I decided to investigate that question, as both a policy and constitutional proposition.