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5 Dec, 2012

Will the courts enforce the Origination Clause against Obamacare?

2019-03-18T18:47:43+00:00December 5th, 2012|

The Wall Street Journal’s James Taranto writes that Pacific Legal Foundation's challenge to Obamacare is unlikely to succeed. Assuming that Obamacare’s monetary exaction for not buying insurance is a tax, as the Supreme Court called it in its June opinion, still not all taxes are “bills for raising revenue,” which the Constitution requires to be generated by the [...]

12 Sep, 2012

Taking the next step in challenging Obamacare

2019-03-18T18:47:43+00:00September 12th, 2012|

Pacific Legal Foundation continues to be on the front lines in the constitutional challenge to the Patient Protection and Affordable Care Act. In a new complaint filed yesterday on behalf of client Matt Sissel, PLF attorneys have asked Judge Beryl Howell to rule that Congress ignored the Constitution’s Origination Clause when it enacted the Obamacare [...]

5 Apr, 2012

President Obama’s Clash With The Courts

2019-03-18T18:47:46+00:00April 5th, 2012|

I spoke this morning with Armstrong & Getty about President Obama’s comments about the judiciary’s power to strike down laws as unconstitutional. You can listen here. I think the whole thing is a tempest in a teapot. No doubt President Obama was wrong to say that his health care overhaul was “passed by a strong [...]

29 Mar, 2012

The Legal Writing Pro Dissects the Solicitor General’s Brief in the Affordable Care Act Case

2012-03-29T22:26:25+00:00March 29th, 2012|Tags: , , |

The Legal Writing Pro, Ross Guberman, sent me this great PDF (you can find it here), where he dissects the Solicitor General's merits brief in the Affordable Care Act case. For those of you who do not know Ross, he is a legal writing master who instructs law school students, lawyers, and judges on how to [...]

19 Mar, 2012

Previewing the Obamacare cases

2019-03-18T18:47:46+00:00March 19th, 2012|

In the run-up to the oral arguments in the Obamacare cases, I have a series of posts over at PLF Liberty Blog explaining the issues involved. The first installments are listed below; the rest are coming between now and the arguments, which begin a week from today. What to look for in the Obamacare arguments [...]

13 Feb, 2012

PLF Urges Supreme Court to strike down Obamacare

2019-03-18T18:47:47+00:00February 13th, 2012|

In its final brief in the Obamacare saga, PLF has joined forces with several other pro-freedom groups in challenging the constitutionality of the Individual Mandate provision of Obamacare. This is our eleventh brief challenging the constitutionality of Obamacare. You can read it here. In it, we argue that the Mandate exceeds Congress’ constitutional authority to [...]

2 Nov, 2011

Obamacare: PLF urges Supreme Court to let Virginia defend its citizens from federal overreaching

2019-03-18T18:47:51+00:00November 2nd, 2011|

This morning, Pacific Legal Foundation—joined again by our friends at Americans for Free Choice in Medicine, the Center for Constitutional Jurisprudence, and our client Matt Sissel—filed this brief in the U.S. Supreme Court urging it to review Virginia’s lawsuit against the Obama Administration’s health care law. This is the second brief PLF filed this week [...]

21 Sep, 2011

The Other Big Healthcare Case

2019-03-18T18:47:53+00:00September 21st, 2011|

The other big healthcare case this term is actually three cases. In Douglas v. Independent Living Center of Southern California, Douglas v. California Pharmacists Association, and Douglas v. Santa Rosa Memorial Hospital, the State of California has asked the Court to review 9th Circuit rulings that struck down the state’s effort to [...]

21 Jun, 2011

Obamacare and the Platonic Guardians of medicine

2019-03-18T18:47:57+00:00June 21st, 2011|

In our latest round with Obamacare, Pacific Legal Foundation today filed a friend of the court brief in the Arizona federal district court in Coons v. Geithner, a case that challenges the constitutionality of the Independent Payment Advisory Board, or IPAB. That’s the agency that, under the Obamacare law, will exercise virtually unchecked power to set [...]

2 Mar, 2011

The Fight for Adequate Prevention and Treatment of Eating Disorders

2019-03-18T18:48:05+00:00March 2nd, 2011|Tags: , , , |

We are fortunate to have my wife, Ann Marie, guest blogging today about an important issue: eating disorders. If you unaware of my wife’s story, here it is: She struggled with anorexia for twenty years. At several points, she dropped down to 60-some pounds and was on the verge of death. But [...]