Richard Hasen

On Tuesday, the D.C. Circuit ruled against Matt Sissel, the Iowa artist and entrepreneur who challenged the Affordable Care Act’s individual mandate on the grounds that the law violated the U.S. Constitution’s Origination Clause. Article I, § 7, clause 1 requires that “all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” Obamacare raises government revenue by billions of dollars, but it was drafted in the Senate. Judge Judith Rogers wrote the opinion in Sissel v. HHS for a panel including two newly minted Obama appointees, Judge Nina Pillard and Judge Robert Wilkins.

This ruling comes in the wake of last week’s dueling decisions in Halbig v. Burwell and King v. Burwell. Another D.C. Circuit panel found that Obamacare subsidies were illegal in the 36 states that refused to set up state healthcare exchanges. On the same day, the Fourth Circuit disagreed. In court battles, Obamacare opponents are winning some and losing some.

What should we make of their track record so far?

double red triangle arrows Continue reading “Liberal Critiques Of Challenges To Obamacare: 2 Errors Worth Correcting”

Me, earlier today.

* PETA sends Bebe a cease-and-desist letter over fur-free advertising. To be honest, I only understood half of what I just wrote. [Fashionista]

* Here are five reasons why editors hate lawyers. Of course, when the editors are lawyers, you just kind of end up hating yourself. [About Editing And Writing]

* Can someone explain to me how it’s constitutional for Virginia to promise not to enforce laws? [Pilot]

* Did you enjoy the South Park episode that involved proprietary towel technology? Then you’ll love this lawsuit! [Thomson Reuters News and Insight]

* I asked Professor Rick Hasen whether or not I should self immolate to prevent the GOP from legally rigging the next election, and he’s telling me to chill out because it’s gonna be okay. [Slate]

* I’ve been trying to find an excuse to link to this. It’s a guy who is blogging about news from 1913 as if it was happening in real time, in this technological environment. Here, we look at some very swift Southern-style justice. [Retro Pundit]

* I must admit, I wanted to pull out my Leonardo DiCaprio coconut drinking goblet to fully enjoy this rich-white-man fight. [Dealbreaker]

* Belated congratulations to Elbert Lin, aka Mr. LEWW, on his appointment as solicitor general for West Virginia. [Bench Memos / National Review Online]