Tag Archives: commerce clause

Obamacare Lives: Every Penalty a Tax?

Much to the surprise of many—not least President Obama—Obamacare’s individual mandate to purchase health insurance is a tax under Article I, § 8, cl. 1 of the Constitution.  I know what you’re thinking: why did President Obama raise taxes during … Continue reading

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WyLiberty Joins Friend of the Court Brief in the Obamacare Supreme Court Challenge

The Obamacare (PPACA) challenge is scheduled for oral arguments in late March (just after its second birthday).  In the meantime, the deadlines for briefs on various issues come and go, and—as this is the most important Supreme Court case in … Continue reading

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Feds Attacking States’ Medical Marijuana Industries

Disputes between states’ versus federal powers predate the Constitution and continue today. In Arizona, the Justice Department has staked a high profile battle with state officials over immigration laws. The Environmental Protection Agency exists in a perpetual cycle of litigation … Continue reading

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Obamacare’s Individual Mandate Overturned by 11th Circuit

The 11th Circuit Court of Appeals, hearing the 26-state lawsuit against Obamacare (of which Wyoming is a part), ruled today that the individual mandate provision that everyone must purchase health insurance or pay a tax is unconstitutional. However, the court … Continue reading

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An Obamacare Argument with Revisionist History: “Collective Action Federalism”

In spite of the federalist structure of the U.S. Constitution, we have reached a point where Congress passed Obamacare with a straight face.  Although this long stretch of the federal government’s iron-fisted arm has met serious opposition from liberty-minded citizens, … Continue reading

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Obamacare Suit heads to the U.S. Supreme Court

In America’s federal court system, suits are first heard at a district court, and then may be appealed to a court of appeals and sometimes go from there to the United States Supreme Court.  Numerous lawsuits have been filed in … Continue reading

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Health insurance: options, options, (not just federal) options.

Today the Wyoming Health Benefit Exchange Steering Committee meets in Casper to continue discussing whether Wyoming should implement its own health insurance exchange or allow the federal government to implement a regional exchange that would include our state. This committee … Continue reading

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ObamaCare Suit Heard at the Sixth Circuit; Wyoming’s Challenge Tomorrow at the Eleventh

Last week the Sixth Circuit Court of Appeals heard oral arguments in the ObamaCare challenge Thomas More Law Center v. Obama.  The audio for this is available at the Sixth Circuit’s website.  (Downloading the file takes a while and streaming … Continue reading

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Intrastate Commerce, from Guns to Light Bulbs

The South Carolina Incandescent Light Bulb Freedom Act has passed the South Carolina House and is currently before the state’s Senate.  It is a bold bill, asserting that the 9th and 10th Amendments of the U.S. Constitution leave all unenumerated federal … Continue reading

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A Busy Season for Health Care Litigation and Policy

Brad Joondeph, a professor at Santa Clara Law who maintains the indispensable ACA (Affordable Care Act) Litigation Blog, provided a short summary yesterday of the upcoming oral arguments in the numerous challenges to ObamaCare.  The schedule indicates it will be … Continue reading

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