Last Saturday’s Washington Post carried a front-page article on the IRS’s enforcement choices (“IRS targeted tea party groups for tax scrutiny”). We’ll hear more about that matter. Right underneath the IRS piece, still above the fold, the Post had this…
Last week, business owners and individuals from several states sued the IRS and HHS over the agencies’ interpretation and implementation of the Affordable Care Act. The case was engineered by the Competitive Enterprise Institute. CEI’s press release appears here; …
You know it doesn’t make much sense There ought to be a law against Anyone who takes offense At a day in your celebration.
Awright: the lyrics get smarmy as Stevie Wonder’s song continues. But it’s a sensational arrangement that …
As predicted here, another Republican governor has folded his states’ rights tent and consented to Obamacare’s Medicaid expansion in his state. That would be the intrepid Rick Scott of Florida—as it happens, the lead state in the litigation over …
If (as looks likely) a significant number of states decline to participate in Obamacare’s “exchanges” or in its Medicaid expansion (or both), I wrote last week, the Affordable Care Act may well crumble and collapse within the President’s term in …
Now available in print: Michael S. Greve, “Our Federalism Is Not Europe’s. It’s Becoming Argentina’s,” 7 Duke Journal of Constitutional Law & Public Policy 17 (2012). Alternative title: “We will pay our debts—in pesos.”
Among the more salient points …
The decision and opinions in the health care cases were bound to be shaped by considerations outside “pure” legal principle—by politics or statesmanship, call it what you will. As it happens, I have a relatively high tolerance for that sort …
In Part I of this series, I wrote that “while the left’s handwringing over the future of Wickard v. Filburn could be dismissed as hysteria or histrionics, its concern about the outcome of the severability issue [in Florida v. HHS…
At balkinization, Gerard N. Magliocca poses an intriguing question:
Suppose Congress knows that a certain provision (say about campaign finance) will be constitutionally suspect. They could bundle it with lots of unrelated matters and insert a non-severability clause providing
…
Yesterday’s post described a sharp sectional divide in contemporary American federalism: pro-competitive states versus pro-cartel states. The divide holds across Obamacare/Medicaid, labor, environmental, tax, and cultural issues. Here is the basic map again (the competitive coalition appears in red, the …
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