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As I type, #SCOTUS is hearing #CAvTX, challenging the constitutionality of #ObamaCare.
The media have described me as “ObamaCare’s Enemy No. 1.” So you'd think I'd want the Court to use this opportunity to strike down the law.
I do not.
https://www.cato.org/blog/please-overturn-obamacare-not #CatoHealth
The media have described me as “ObamaCare’s Enemy No. 1.” So you'd think I'd want the Court to use this opportunity to strike down the law.
I do not.
https://www.cato.org/blog/please-overturn-obamacare-not #CatoHealth
As I have written previously, #CAvTX is a meritless case. I disagree with the amicus brief my Cato Institute colleagues @ishapiro & @JoshMBlackman filed in the case, and associate myself with the analysis of my sometime co‐author @jadler1969. #CatoHealth
Conservatives complain that in #NFIBvSebelius & #KingvBurwell, the Left persuaded #SCOTUS to throw out the rulebook to hand them a policy “win.” Now conservatives are doing exactly that in #CAvTX. It was wrong when the Left did it. It is wrong when the Right does it.
#CatoHealth
#CatoHealth
One of the reasons throwing out the rulebook is wrong is that now, those on the Left who pressured #SCOTUS not to strike down the #ACA in NFIB–and even more who pressured the Court to rewrite the law in King–have zero credibility when they now appeal to the rulebook.
#CatoHealth
#CatoHealth
If conservatives persuade #SCOTUS to throw out the rules to hand them a policy “win,” #ObamaCare supporters who cheered #NFIBvSebelius & #KingvBurwell will have no one but themselves to blame. He who lives by terrible judging will eventually die by terrible judging.
#CatoHealth
#CatoHealth
If the #SCOTUS uses #CAvTX to strike down #ObamaCare, I will eat my hat.
Such predictions are less about legal analysis than scaring voters into going to the polls to vote for @TheDemocrats.
#CatoHealth
Such predictions are less about legal analysis than scaring voters into going to the polls to vote for @TheDemocrats.
#CatoHealth
Even if we indulge the fantasy scenario that #SCOTUS will use #CAvTX to overturn #ObamaCare, it is worth emphasizing there would be serious benefits.
https://www.cato.org/blog/please-overturn-obamacare-not #CatoHealth
https://www.cato.org/blog/please-overturn-obamacare-not #CatoHealth
The fear Democrats have generated about the #SCOTUS using #CAvTX to overturn #ObamaCare is hysteria, both bc it won’t happen and bc it wouldn’t be calamitous if it did.
The most lasting injury it would inflict would be to the rule of law.
https://www.cato.org/blog/please-overturn-obamacare-not #CatoHealth
The most lasting injury it would inflict would be to the rule of law.
https://www.cato.org/blog/please-overturn-obamacare-not #CatoHealth
We can tell it was fear-mongering because #ObamaCare supporters neither undertook a serious effort to assess the impact of overturning the law, nor contemplated that their fear-mongering assumes the law is unpopular. https://www.cato.org/blog/would-invalidating-obamacare-cause-20-million-americans-lose-coverage
