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Challenge to Obamacare Survives First Steps

See details over at Volokh. The lawsuit has survived the Government’s motion to dismiss.

UPDATE: More here from Ilya Somin

2 Responses to “Challenge to Obamacare Survives First Steps”

  1. Jake says:

    Here’s an interesting tidbit from the opinion:

    Contrary to pre-enactment representations by the Executive and Legislative branches, the Secretary now argues alternatively that the Minimum Essential Coverage Provision is a product of the government’s power to tax for the general welfare. This is of course supported by the placement of the penalty provisions within the Internal Revenue Code.

    [citations omitted]

    The judge, without explicitly saying they lied, said they lied.

    That makes me more confident about how things will go at the District Court level, at least.

  2. Jake says:

    Whoops! The emphasis was mine, not the judge’s.

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