Against Obamacare

The Weekly Standard has an exceptional and detailed piece up, "Without Precedent: The Supreme Court Weighs Obamacare," navigating not only the constitutionality of the Affordable Care Act, but addressing several other historical Court precedents at stake as the Supreme Court begins hearing arguments today on Obamacare. I certainly don't agree with everything here, but there is a compelling case why the Court should strike down the "individual mandate" in the Affordable Care Act, and by extension the entire bill itself.

"But to think of the Obama-care case (National Federation of Independent Business v. Sebelius, as the lead case is captioned) as just the latest Commerce Clause dispute is to deprive it of crucial context. NFIB v. Sebelius is much more than that. Obama-care entails an unprecedented reformation of the very structure of federal government, one that strains prior doctrines to their breaking point. The Roberts Court will have to make a judgment not just on the basis of legal text or precedent but on something more fundamental..." continue reading here.