Is it the Commerce Clause or the Future Commerce Clause?

The Utah prairie dog regulation prohibits the “take” (harassing, hunting, etc.) of prairie dogs on private land. The federal government, which has only the enumerated powers granted to it by the Constitution, says it can regulate purely intrastate species like … Continue reading

Supreme Court won’t hear case challenging Obamacare’s “Platonic Guardians”

This morning, the Supreme Court declined to review the case challenging the constitutionality of the Independent Payment Advisory Board, or IPAB. This is the group of unelected bureaucrats given authority to set Medicare reimbursement rates, whose “recommendations” automatically become law … Continue reading

A government of laws, and not of Obama

An unusual argument has arisen as a way to save Obamacare. Today, a New York Times op-ed written by law professor William Baude suggests that the Obama administration could just ignore the Supreme Court if it decides in King v. Burwell that subsidies don’t apply to … Continue reading

Arizona Supreme Court rules that legislators can challenge Gov. Brewer’s illegal Medicaid tax

The Arizona Supreme Court said goodbye to outgoing governor Jan Brewer by upholding the right of legislators to challenge her illegal Medicaid expansion efforts. Last year, Brewer and her supporters engineered an expansion of the state’s Medicaid program pursuant to Obamacare—bizarrely, … Continue reading