A Decision That Will Set Libertarians' Hair on Fire

Judge Silberman has issued another tour de force in the extremely interesting opinions generated by Obamacare. I have noted other opinions on Obamacare’s constitutionality but this one is full of interesting tidbits. The first and most interesting tidbit is who wrote it. The Honorable …

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Written by John Vecchione on Tuesday November 8, 2011

Res Judicata: Anthony Kennedy, The Unprincipled Justice

The brewing controversy about President Obama’s healthcare law means that the case will end up in the Supreme Court. One appellate court has upheld the constitutionality of the law (by a 2-1 vote) and another has struck it down (by a 2-1 vote). Splits on appellate panels are rare. Two split …

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Written by Howard Foster on Monday August 22, 2011

Obama's Mandate Waiver Trick

Obama's new proposal would grant waivers to states to create their own health plans. But the economics of healthcare may set the states up for failure. On Monday, President Obama announced to the National Governors Association that he would endorse a waiver for states to create their own health …

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Written by Stanley Goldfarb on Tuesday March 1, 2011

Giving Moderation a Bad Name

The so-called moderate Baucus plan announced yesterday offers no answers to the problem of rising health costs. It imposes an individual mandate, extends federal subsidies, and imposes a tax on employers to generate some expansion of coverage. But as to cost control, it proposes virtually nothing. …

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Written by David Frum on Thursday September 17, 2009