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Bench Memos

NRO’s home for judicial news and analysis.

SCOTUS to hear ObamaCare case



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The Supreme Court has announced that it will take the Florida case involving the 26 states and NFIB challenging the constitutionality of ObamaCare.  According to the Court’s Order, the Justices will consider the issue of severability as well as the question of whether the Anti-Injunction Act applies.  No indication that Justice Kagan plans to recuse herself from the case, despite her involvement with the case and the law (which she called “simply amazing“) as Solicitor General.   



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