While
the Court’s upholding the mandate is deservedly taking front stage in the media
coverage, the Court’s decision to strike down a part of the Medicaid expansion
may ultimately have broader jurisdprudential consequence.
Source: Angry Bear
Tag Archives: Lyle Denniston
The difference between Social Security/Medicare and Medicaid under the Spending Clause, in light of the ACA opinion
As Goes Obamacare, So Goes Romneycare … and State Laws Requiring Auto Insurance?
I’ve written repeatedly now on AB that the challenge to
the constitutionality of the ACA’s minimum-coverage provision (a.k.a., the individual-mandate
provision) is not really a Commerce Clause challenge but instead a challenge under
the Fifth Amendment’s due process clause, under what is known as the “substantive
due process” constitutional law doctrine.
Source: Angry Bear
‘Jurisdiction’
To the general public, all that matters are the headlines,
reflecting the bottom line.
Source: Angry Bear
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