Health Care | Le·gal In·sur·rec·tion - Part 17
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Posted by William A. Jacobson on July 02, 2012 73 Comments

Saving Obamacare by calling a penalty a tax has created all sorts of political contortions. What if the Supreme Court had called a dog a cat, would we then be required to call a dog a cat, particularly if it were better for us? That's where we...

Posted by William A. Jacobson on July 01, 2012 33 Comments

Via @DrMartyFox: Via Newsbusters: And the laughs continue: Obama Budget chief Jack Lew refuses under intense Chris Wallace grilling to admit Obamacare funding mechanism is a tax. Telling.— Brit Hume (@Kimsfirst) July 1, 2012 ...

Posted by Anne Segal on June 29, 2012 22 Comments

President Obama tweeted out a link to a t-shirt for sale on his campaign website Thursday evening: Still a BFD: OFA.BO/ayPgAZ— Barack Obama (@BarackObama) June 29, 2012 The t-shirt reads, "Health Care Reform: Still a BFD," and is being sold for $30. "BFD" stands for "Big F--ing...

Posted by William A. Jacobson on June 28, 2012 70 Comments

Makes many of the points I made today, including rejecting the delusion that this was a victory: ...

Posted by William A. Jacobson on June 28, 2012 143 Comments

Some well-meaning people are peddling the notion that today's Obamacare decision was a long term victory, that we lost the battle but won the war, that there was some master plan by Chief Justice Roberts to gut the expansion of Commerce Clause power under the...

Posted by William A. Jacobson on June 28, 2012 71 Comments

The most disturbing thing about today's decision is not that we lost on the mandate. The majority opinion on the Commerce Clause (the Chief Justice plus the conservative dissenters) was quite good, and vindicated those who mounted an argument as to "inactivity" to the derision...

Posted by William A. Jacobson on June 28, 2012 41 Comments

On August 14, 2009, I tried to sound the alarm as to where Democrats' health care proposals were heading. At that time I was dealing with the precursors to what became Obamacare.  The congressional language distinguishing the mandate as a penalty and the political arguments that...

Posted by William A. Jacobson on June 28, 2012 57 Comments

Romney's statement: Obama lied to the American people. Again. He said it wasn't a tax. Obama lies; freedom dies.— Sarah Palin (@SarahPalinUSA) June 28, 2012 Not taking Congress at its word on penalty is the new judicial restraint #SCOTUSlogic— Legal Insurrection (@LegInsurrection) June 28, 2012 SCOTUS to POTUS:...

Posted by William A. Jacobson on June 28, 2012 198 Comments

Consider this Pep Talk IV. Was it over when Harry Reid pushed Obamacare through at Christmas time in December 2009? Not when voters took to the voting booth and elected Scott Brown. Was it over when Nancy Pelosi and House Democrats were forced to accept the Senate version...

Posted by William A. Jacobson on June 28, 2012 109 Comments

Was Scalia’s Dissent Originally a Majority Opinion? Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating around...

Posted by William A. Jacobson on June 28, 2012 9 Comments

... Dread (I'm already preparing Pep Talk IV)...

Posted by William A. Jacobson on June 27, 2012 73 Comments

where will we be? Big day here. Will create an "open" post somewhere around 9:30 a.m. waiting to find out if the Supreme Court Kremlinologists have been right. Or not. Then will follow up with a post detailing my take on the decision. Followed by the House vote to hold...

Posted by William A. Jacobson on June 22, 2012 43 Comments

A long while ago I expressed that Obama lost the Obamacare litigation politically the moment the Supreme Court decided to take the case on a track to render a decision before the election.  (Can't find the post, help!)[see Update] My view was that a total legal victory would...

Posted by William A. Jacobson on June 21, 2012 50 Comments

Richard Mourdock's campaign had an operational failure by uploading a video about the Supreme Court overturning Obamacare.   The campaign also uploaded other versions depending on outcome. That's an embarrassment, but really, who has not come close to that? You mean to tell me the newspapers don't have...

Posted by William A. Jacobson on May 26, 2012 22 Comments

We're just about a month away from the Supreme Court ruling on Obamacare. David Hogberg has a column at Investors Business Daily on the political fallout if the Supreme Court strikes down Obamacare: A Supreme Court ruling next month striking down Obama-Care would immediately shift the battle...

Posted by William A. Jacobson on April 16, 2012 26 Comments

you know the Democratic Party has a problem. From his going away interview (almost) in New York Magazine (italics added)(h/t @ByronYork): You think Obama overinterpreted his mandate with health care? The problem with health care is this: Health care is enormously important to people. When you tell them that...

Posted by William A. Jacobson on April 10, 2012 7 Comments

at least if one is dealing with reality rather than hope, is that Obamacare increases the deficit dramatically: President Obama’s landmark health-care initiative, long touted as a means to control costs, will actually add more than $340 billion to the nation’s budget woes over the next...