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 about the constitutionality of the mandate. In fact, he called such an idea "unprecedented" and told the Solicitor General that the government needed to answer a "very heavy burden of justification" to show how the Constitution authorizes Congress to require that people buy insurance.
As I told Megyn Kelly on FOX News today, the concerns raised by Justice Kennedy, are very telling. You can watch the interview here.
As you know, I have repeatedly said it's difficult to judge the outcome of a Supreme Court case based on oral arguments. What did become clear today is that with an increasing level of skepticism about the individual mandate - and now from Justice Kennedy - this could spell real trouble for the survival of ObamaCare.
In our amicus brief filed at the high court, we represent 119 members of Congress and nearly 145,000 Americans urging the Justices to reject the individual mandate.
You can listen to the oral arguments and read a transcript of the arguments from today's session here.
Tomorrow: the focus is on severability. If the mandate is declared unconstitutional, does the whole health care law go? We think the answer has to be yes. We'll have details and analysis of Day Three on our daily radio broadcast.
As we approach the one year anniversary of the Hobby Lobby decision , where the Supreme Court held that the HHS Mandate violated the religious liberties of business owners, it’s clear that the struggle to vindicate religious freedom and the right to conscience is far from over. Having said that,
Today the U.S. Supreme Court heard oral arguments in a case that could cripple ObamaCare. The Supreme Court has a critical opportunity to reject IRS regulations that illegally authorize tax subsidies for purchasers of health insurance on federal healthcare exchanges. The ACLJ has filed an amicus...
After his “glib” apology before Congress this week for calling the American people “stupid,” ObamaCare architect Jonathan Gruber attempted to dodge, duck, dip, dive, and … dodge every substantive question that came his way. He refused to answer even the simplest questions like how much ( millions )
From day one, we have warned that the real danger of Obamacare is not in the 2,700 pages of its text (as bad as they are), but in the hundreds of thousands of pages of rules and regulations that would flow out of that text. This week provides yet another example of that danger, and it is in the...