Wednesday, December 18, 2019

Wow...that was unexpected

Volokh Conspiracy: "Fifth Circuit Declares Individual Mandate Unconstitutional, Punts on Whether Rest of ACA Must Fall" - "As if there wasn't enough going on this week, a federal appellate court issues a significant (and significantly flawed) ruling in the latest Obamacare challenge."

In the simplest terms, this dispute stems from the original Obamacare decision where the individual mandate was struck down as a penalty but still existed (according to Justice Roberts) within Congress's power of taxation.  But when the Republican Congress zeroed out the tax, the mandate "disappeared."  Now the question is whether the whole law can exist ("severability") without the mandate.

Extra - Legal Insurrection: "While everyone was focused on impeachment, 5th Circuit cut the legs out from under Obamacare."  "So perhaps the headline today is not that the 5th Circuit killed Obamacare, but rather, the 5th Circuit cut the legs out from under Obamacare. Whether the entire legless law falls is yet to be determined." 

No comments: