Bench Memos

D.C. Circuit Ruling Rejecting Challenge to Obamacare Mandate

In an opinion by conservative stalwart Laurence Silberman, a D.C. Circuit panel majority today rejected the claim that Congress lacked the power under the Commerce Clause to impose Obamacare’s individual mandate. Judge Harry Edwards joined Silberman’s opinion.

In a separate opinion, another conservative stalwart, Judge Brett Kavanaugh, concluded that the Anti-Injunction Act deprived the court of jurisdiction to decide the claim.

I don’t think that this ruling makes it much easier to predict how the Supreme Court will rule. But it ought to make all opponents of Obamacare aware of the importance of pursuing its political repeal—and of electing a president in 2012 who will sign a repeal into law.


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