By Randy E. Barnett, Jonathan H. Adler, David E. Bernstein, Orin S. Kerr, David B. Kopel, Ilya Somin (auth.), Trevor Burrus (eds.)
The reasonable Care Act debate used to be essentially the most vital and so much public examinations of the structure in our historical past. on the leading edge of that discuss have been the bloggers of the Volokh Conspiracy who, from prior to the legislation used to be even handed, engaged in a lively, erudite, and available dialogue of the felony matters serious about the case.
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Extra resources for A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case
Org/politics/2009/12/23/74940/demint-tenther. 27. ” supra. 28. Somin, Gonzalez v. Raich, 507. 2 The Law Is Passed T wo days before President Barack Obama signed the Patient Protection and Affordable Care Act, Randy Barnett wrote this op-ed (abridged here) for the Washington Post. Barnett would eventually find himself on the legal team that challenged the law in the Supreme Court. At this time, however, there were just less-refined arguments and the hope that some court would take those arguments seriously.
But if it is deeply unpopular, and one or both houses of Congress flip parties as a result, then the legislation is much more vulnerable. Assuming the Supreme Court follows the election returns, as “realists” claim. We should also remember that litigation is likely to center on the bill’s mandate requiring individuals to purchase health insurance even if they prefer not to. This is one of the least popular elements of the bill, a fact that would give the courts further political cover. Eliminating the individual mandate might eventually destabilize other parts of the bill.
This is one of the least popular elements of the bill, a fact that would give the courts further political cover. Eliminating the individual mandate might eventually destabilize other parts of the bill. Without the mandate, insurance companies might start lobbying for repeal of other elements of the plan (since the bill would no longer be a huge bonanza that gives them many additional customers). If the ban on excluding coverage of preexisting conditions is maintained, the elimination of the mandate would incentivize citizens to wait until they get sick to purchase insurance.
A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case by Randy E. Barnett, Jonathan H. Adler, David E. Bernstein, Orin S. Kerr, David B. Kopel, Ilya Somin (auth.), Trevor Burrus (eds.)