ObamaCare Day ONE at the Supreme Court – Update for Monday, March 26th

by Michelle Morin | 1:51 pm, March 26, 2012

ObamaCare is finally being argued in the United States Supreme Court.  The High Court will hear six hours of arguments over 3 days.  Today’s arguments are done, here’s what you need to know: Court Update What happened in court today  –> Today’s ObamaCare Argument:  A Taste of Things to Come [VIDEO] (The Foundry) The rest of the [...]

Dave Kopel on Obamacare Oral Arguments 3/26

by Jon Caldara | 12:56 pm, March 26, 2012

Independence Institute Research Director David Kopel, who is also a constitutional law professor at DU Law School, offered the following comment on today’s Supreme Court oral argument:
Today the Justices strongly indicated that they will address the merits of the health control law, and will reject the argument that the Anti-Injunction Act prevents them from deciding [...]

White House Shifts Legal Gears as ObamaCare Heads to Supreme Court

by Bob Adelmann | 11:17 am, March 21, 2012

Obama’s lawyers are smart. They have found a way to push Justice Scalia into the “yes” camp on ObamaCare by using an opinion he wrote on another case that puts him into a corner. The fact that the average American citizen doesn’t want Obamacare doesn’t factor into the equation at all.

GMU Law Professor on Why the Individual Mandate is Unconstitutional

by Jon Caldara | 12:22 pm, March 16, 2012

George Mason University law professor, Volokh Conspiracy blogger, and colleague of our constitutional scholar Dave Kopel, Professor Ilya Somin joined in the fight against Obamacare and its individual mandate. Professor Somin authored this amicus brief against the mandate, which, like our individual mandate amicus, focuses a lot on the necessary and proper clause.
Here is Professor [...]

Obamacare Medicaid mandates are unconstitutional

by Brian T. Schwartz | 5:30 am, March 15, 2012

ObamaCare’s Medicaid mandates are, if anything, even more constitutionally dubious than the individual mandate. The Independence Institute has taken the unusual step of filing a brief urging the court to overturn them. Continue reading →

Podcasts: Obamacare Goes to the Supreme Court

by Jon Caldara | 12:25 pm, March 12, 2012

When the Supreme Court declares that they will hear a case, they ask for and receive “amicus briefs” from interested 3rd parties called “amicus curiae.” Amicus curiae means “friend of the court.” The brief is essentially a paper written to convince the Supreme Court to either affirm or overturn the decision of a lower court. [...]

ObamaCare Targets Religious Liberty – Yet ObamaCare Isn’t an Issue in Election 2012?

by Michelle Morin | 12:58 am, March 3, 2012

Religious liberty is a cornerstone of America’s founding and individual freedoms, and ObamaCare is targeting it as first casualty. I’ve said it all along, ObamaCare is the gateway through which the government can and will reach into Americas’ lives and touch grab choke all that’s precious to us. Yet this is what I’m hearing during this [...]

Jared Polis, you’re wrong: Obamacare is a government takeover

by Brian T. Schwartz | 6:30 am, February 28, 2012

Colorado Congressman Jared Polis (D-Boulder) claims that ObamaCare is not “a government takeover of the health care industry.” He’s wrong. The only way he could be correct is that if he acknowledged how much government controlled the industry before ObamaCare. Continue reading →

Government perverts “transparency”

by Amy Oliver | 7:20 am, February 24, 2012

When government uses “transparency” to watch citizens, that’s a strong signal that transparency has been perverted. Originally, a movement for citizens to shine a light on government, government now is passing laws so that it can collect legally your most private health care information. Linda Gorman and I authored a column that originally appeared in [...]

This First Amendment Defense Fails

by Jon Caldara | 2:35 pm, February 14, 2012

The religious and conservatives among us might not want to hear this, but I think it’s important to point out. Our Constitutional scholar Rob Natelson just wrote on the contraceptives and Catholic Church controversy. Many are making a First Amendment case against the Obamacare mandate forcing the church to provide products and services they find [...]

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