As the Supreme Court prepares to decide the fate of the 2010 Affordable Care, recent polling from Reuters and the Kaiser Family Foundation shows that Americans support its major provisions except for one. The individual mandate to purchase private health insurance beginning in 2014, the part of the ACA most likely to be struck down […]

Whatever ruling the nation's highest court hands down on President Obama's Affordable Care Act, Republican challenger Mitt Romney's prescription for health care is unchanged. "Now if I'm able to repeal it--or if the Supreme Court is able to get that job done for us," he announced last week, "We want to replace it." But what […]

"Conservative commentators." "Commerce." "New Deal." Only if you pretend Barack Obama never uttered those three phases this week can you manufacture a controversy in which the President supposedly questioned the authority of the Supreme Court to overturn the 2010 Affordable Care Act (ACA). But in the hands of his Republican opponents and a lazy and […]

On Monday, President Obama unsurprisingly expressed confidence that the Supreme Court would uphold the 2010 Affordable Care Act. Even less remarkable, Obama rightly reminded Americans that "conservative commentators" have for year said "the biggest problem on the bench was judicial activism or a lack of judicial restraint -- that an unelected group of people would […]

As the New York Times suggested last week, the fate of President Obama's Affordable Care Act in general and its mandate that Americans obtain health insurance in particular may hinge on Justice Anthony Kennedy's notion of "liberty." While Solicitor General Donald Verilli posited "a profound connection" between health care and liberty, his opponent Paul Clement […]

After another bad day for the Affordable Care Act at the Supreme Court, voices across the political spectrum are already pondering life after death for health care reform. Conservative Ross Douthat and liberal James Carville agree that overturning the ACA will help President Obama get reelected. Meanwhile, statements by Mitch McConnell and Mitt Romney seemed […]

As the Supreme Court this week begins to consider the fate of the two-year old Affordable Care Act (ACA), ironies abound. For starters, while health care is worst in Republican red states, its improvement will be underwritten by blue state taxpayers. The virtually identical law in Massachusetts has been wildly successful and wildly popular. Meanwhile, […]

"Judicial activism" is in the eye of the beholder. Threatening judges is not. That explains why even Michael Mukasey and Alberto Gonzales, former Bush Attorneys General and ardent defenders of detainee torture and illicit domestic surveillance, denounced Newt Gingrich's assault on the federal bench as "dangerous, ridiculous, totally irresponsible, outrageous, off-the-wall and would reduce the […]

On Tuesday, the Washington Post reported that federal judicial vacancies are reaching a "crisis point." As it turns out, when Republicans aren't turning to record-setting obstructionism to block President Obama's nominees to the federal bench, they are threatening the "umpires" of the law outright. Just weeks after the Tucson slaughter that claimed the life of […]

In one of the most condescending and paternalistic Supreme Court opinions in recent memory, Justice Anthony Kennedy in April 2007 upheld a federal late term abortion ban on the grounds that "some women come to regret their choice." 18 months later, an exhaustive study of 20 years of research concluded that there is no evidence […]