Earlier this week, Virginia became the 33rd State to pass legislation expanding Medicaid. While the national conversation still mostly focuses on the Affordable Care Act, colloquially known as Obamacare, the majority of states have quietly expanded government-run healthcare options.
It’s past time for conservatives to ensure that no American has to worry about health care coverage because in the end we are our brother’s (and sister’s) keeper.
The countdown to the House of Representative’s effort to “repeal and replace” Obamacare is ticking into its final moments.
Chief Justice Roberts was nearly silent during oral argument, and then wrote the 6-3 majority opinion in today’s Obamacare case. Burt Likko replies to Justice Antonin Scalia’s accusations of through-the-looking-glass judicial activism.
Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.
James Hanley doubts the argument against subsidies for federal health care exchanges is bonkers.
Concluding the Supreme Court’s Term are Harris v. Quinn and the newly-renamed Burwell v. Hobby Lobby. Hint: both majority opinions are from Samuel Alito.
It’s the close of the term, and here’s a recap of the major cases from SCOTUS this year. Some surprising results. Some, not so much. Alsotoo: we’re waiting until Monday for the Hobby Lobby and Harris decisions.
An employment lawyer entertains a very radical idea. Except it may already be real!
Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?
The Ordinary Court’s majority moves on to the final issue left in the case, and issues its ruling.
Tim Kowal agrees the Greens have individual standing, but suggests the corporation is the appropriate party to assert their claims.
In Part III of the Ordinary Court’s treatment of the Hobby Lobby case, the Ordinary Justices’ voting pattern shifts, with dramatic results.
Part II of the opinion, dealing substantively with whether Hobby Lobby can state a claim for relief under the Religious Freedom Restoration Act.
The first part of the Ordinary Court’s treatment of one of this year’s most-publicized legal cases. To begin, we must understand the factual and legal landscape.
Introducing a new project by some of the lawyers and scholars writing for Ordinary Times: The Ordinary Court.
Let’s tear those mothers down.
Burt Likko fills in for Will Truman for this week’s aggregation of dozens of links to themed web randomness!
Much of what we talk about when we talk about healthcare are the stories we choose to tell. Before we can solve this country’s healthcare crisis, it will be important for us to recognize this.
The US healthcare system is about to radically change, whether or not Obamacare stands. Exactly how it’s going to change, and the degree to which that change will be good or bad for the country, is a choice we still need to make. Before we can make that choice, however, we need to understand how we got here in the first place.
Later this week I’ll be posting an argument that is against Obamacare but for healthcare reform. Consider this post reference material you’ll need to know for that post.
At the risk of receiving a public flogging during my next Whole Foods visit, I must ask… On the radio, I’ve heard many people talk about how they are going to save money now that the ACA is in (almost) full effect and the exchanges are open. If this is true, and all these people…
John C. Goodman in his book Priceless: Curing the Healthcare Crisis argues that Obamacare will not make health care better or more affordable because it doubles down on the same genetic defects as before–the ill-conceived bundling of health care and health insurance. Reformers opposed to Obamacare will be unable to propose a real solution until they see the problem.
The GOP still can’t come up with a conservative answer to Obamacare.
I want to elaborate on something Elias touches on in his recent Salon piece. Declaring the Republican Party paralyzed by their on strategy of obstructionist nihilism, Elias explains,
It won’t come as a surprise that I tend to agree with Shawn’s assessment of mainstream liberalism’s relationship to its leftier-than-thou radicals. In the comments though, NewDealer’s remark helps crystalize the real conflict,
God help me, I just don’t understand conservatives sometimes. I disagree with them most of the time, but I usually understand where they’re coming from. But sometimes my best acts of imagination pale in comparison to their given task. Human beings are complicated, mysterious, even phenomenal creatures; explanations that boil down to Because They’re Bad won’t cut…
With the implementation of Obamacare soon to really begin in-earnest, some conservatives have begun preemptively crowing over what they’re convinced will be a disastrous transition period. Considering they’ve spent the past three years gumming up the bureaucratic works as much as possible, they very well may be right. But even if they aren’t, the American…
In a post over at BuzzFeed that makes me want to pound my head against my desk, Ben Smith proves that highly visible political pundits can write regularly about health insurance from 2009-2013 and yet – remarkably – can somehow still learn almost nothing about health insurance: “Imminent elements of Obama’s grandest policy move, the…
Romney made news today, at least in the left-of-center blogosphere, with the claim that, “[N]o one in this country dies because they don’t have health insurance” (an assertion I’d argue the former Governor of Massachusetts, a smart and informed man and the father of Romneycare, likely knows to be false). But I don’t think it…
Caveat: I know that this is off-message and we’re all supposed to be fighting over whether or not Paul Ryan is a lunatic or a fiscal hawk and so on and so forth. I know we’re supposed to be digging through his record to discover shiny little hypocrisy baubles or courage trinkets. I know, I know,…
My friend Timothy Sandefur just happens to be one of the country’s leading libertarian public-interest attorneys. He’s doing some great work explaining and commenting on the Obamacare case at the Pacific Legal Foundation’s blog. Also see his liveblog of standing in line for the hearing. He’s a braver man than I.
Commenter Boegiboe writes: I’m really confused about this whole health care fine stuff. Can someone (preferably a lawyer or law student) please explain what is wrong with FactCheck.org’s analysis of this law? It seems like it has no teeth. Can it grow some? (Please read the “Full Answer” part of the link: I’m not trying…
B-Rob offers “A simple explanation as to why the [individual mandate] is constitutional,” via the general welfare clauses, which allow Congress to pass “all Laws” that work toward “promot[ing] . . . the general Welfare” (Article I section 8, and also the Preamble). There are some significant problems with this, however. First, it beggars belief…
My colleague Will Wilkinson deflects the claim that because Friedrich Hayek supported some form of a state-run health insurance system, Obamacare should be just fine even to market purists: Obamacare builds upon and consolidates some of the worst features of the American health care system from a Hayekian perspective, such as (a) It is more…
President Obama’s two biggest problems politically are 1. a frankly crazy and irresponsible minority GOP party (with plenty of enablers to be sure) and 2. His own party affiliation. In the immortal words of Will Rogers, President Obama is not a member of any organized political party, he’s a Democrat. If the House Dems are…