Whittling away at NFIB v. Sebelius, the SCOTUS way

After the Supreme Court’s decision in NFIB v. Sebelius came out, David Franklin hailed Chief Justice Roberts’ decision in Slate Magazine.  The decision shocked many who thought Roberts would join the conservatives in striking down Obamacare, but Franklin praised Roberts … Continue reading

Obama’s defeat on recess appointments: half a loaf is better than starving

Today’s Supreme Court ruling in National Labor Relations Board v. Noel Canning is a strange “split the baby” decision, bound to disappoint almost any serious scholar, even though it reached the right result on the claims at issue. A unanimous … Continue reading

Orlando Sentinel publishes PLF Atlantic Center op-ed on Origination Clause challenges to Obamacare

The Orlando Sentinel published Pacific Legal Foundation‘s  op-ed today (subscription required, but free sign-up is available for limited views) on Sissel v. HHS and Hotze v. Sebelius, two of the pending challenges to the federal Affordable Care Act, a/k/a Obamacare.  Both challenges … Continue reading

Cato’s Ilya Shapiro: the Obamacare “tax” is still unconstitutional

Cato’s Ilya Shapiro says in his latest Forbes column that our challenge to the constitutionality of Obamacare “keeps open yet another front in the ideological battle of our time: are we to enforce the Constitution’s structural provisions (which stand in the … Continue reading

PLF’s Obamacare challenge gets a hearing

Facing a three-judge panel at the DC Circuit Court of Appeals on May 8, 2014 Pacific Legal Foundation principal attorney Timothy Sandefur argued PLF’s challenge to the Affordable Care Act, Sissel v. U.S. Department of Health and Human Services. PLF’s … Continue reading