Contents tagged with individual mandate
Filed in: ObamaCare | by Jay Sekulow | 10:47 AM Jun. 29, 2012
A Supreme Court Stretch Saves ObamaCare
Now that the ObamaCare decision is out and the analysis continues, there are more questions about how the Chief Justice reached his conclusion that the penalty provided for failing to purchase health care is actually a tax - a distinction that cleared the way for the individual mandate and ObamaCare to be upheld as constitutional. What's worth noting here is that President Obama repeatedly sold this health care law saying it was NOT a tax on the American people. But then the Solicitor General,... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 12:06 PM Jun. 28, 2012
One Vote Short of Overturning ObamaCare
It came down to one vote. Most observers had their eye on Justice Kennedy. But, at the end of the day, it was Chief Justice John Roberts who cast the deciding vote - upholding the individual mandate and keeping ObamaCare intact. While the Court correctly concluded that the mandate violated the Commerce Clause of the Constitution, a majority concluded that the individual mandate is a constitutionally-acceptable taxing provision for the health care law. That is extremely disappointing. I disagre... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 3:17 PM Mar. 29, 2012
ObamaCare is the Issue - Not the Supreme Court
The political posturing began long before the Supreme Court heard oral arguments on the constitutionality of ObamaCare. But, now with arguments concluded, the political posturing is being ratcheted up. While a new poll suggests most Americans expect the high court to overturn the pro-abortion, government-run health care law, the fact is this will be a very close case. What's both interesting and troubling is the fact that some on the Left are attempting to put the Supreme Court itself 'on tria... Continue Reading
Filed in: ObamaCare | by David French | 2:42 PM Mar. 29, 2012
It’s Tough to Perform Brilliantly When You Have a Bad Argument
While we still don’t know the outcome of the Obamacare case, that hasn’t stopped some on the left from piling on Solicitor General Donald Verrilli for allegedly “choking” during oral arguments. While I haven’t argued in front of the Supreme Court, I’ve had more than my share of state and federal appellate arguments, and these armchair quarterbacks are overlooking a few factors. First, it’s tough for any advocate to compare well to Paul Clement. Virtuall... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 9:38 AM Mar. 28, 2012
ObamaCare Mandate: Defending the Indefensible
I call it defending the indefensible. What unfolded inside the Supreme Court on the individual mandate was very clear and direct. Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed serious skepticism about the constitutionality of the mandate - the government requiring citizens to purchase health insurance. And, his skepticism comes with good reason. The Solicitor General, who had a difficult day articulating his position supporting the mandate, simple did not hav... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 2:09 PM Mar. 27, 2012
Skepticism from Justice Kennedy on ObamaCare Mandate
It was high drama inside the Supreme Court today. The individual mandate - the key element of ObamaCare - was at the center of the debate. The issue: Does the individual mandate, which requires Americans to purchase health insurance, violate the Commerce Clause of the Constitution? If the government can force you to buy health insurance, where does it stop? What was very encouraging today is that Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed deep skepticism a... Continue Reading
