Saturday, August 13, 2011

Constitutional Battle Over ObamaCare Heats Up

The 11th Circuit Court's ruling yesterday striking down the ObamaCare individual mandate is obviously the big news story of the past day. A few relevant links:

Klein: "Why 11th Circuit struck down Obamacare's mandate"

Klein: "Lawyer who challenged Obamacare speaks"

Some noteworthy pre-ruling analysis of relevant issues includes:

Elizabeth Price Foley: "Limited government, federalism, and the Affordable Care Act".

Beard: "ObamaCare v. the Constitution" (The Objective Standard, Summer 2011)

Bowden: "How important is the Obamacare litigation?"

The latest ruling makes it much more likely that the US Supreme Court will eventually issue a ruling on this issue.

FWIW, law professor Orin Kerr predicts that SCOTUS will uphold the individual mandate by anywhere from 6-3 to 8-1.