“The Obama administration is headed into a Supreme Court case over healthcare reform without a clear answer to significant questions about Congress’s power… Several lower courts have said the mandate falls within the bounds of the Commerce Clause, but even they have been wary about the Justice Department’s inability to clearly define a limit on Congress’s power.”

“The Goldwater Institute’s lawsuit challenges IPAB’s very existence as an unlawful delegation of congressional power. Although most of the legal challenges to Obamacare have focused on the individual mandate to purchase government-prescribed health insurance, IPAB is no less central to the overall regulatory scheme. Many members of Congress voted for Obamacare only when convinced of the dubious premise that the law would constrain health-care costs. If IPAB is removed, the flimsy cost-containment rationale will disappear as well.”

“This article chronicles the (first) year I spent opposing the constitutionality of Obamacare: Between debates, briefs, op-eds, blogging, testimony, and media, I have spent well over half of my time since the legislation’s enactment on attacking Congress’s breathtaking assertion of federal power in this context. Braving transportation snafus, snowstorms, and Eliot Spitzer, it’s been an interesting ride. And so, weaving legal arguments into first-person narrative, I hope to add a unique perspective to an important debate that goes to the heart of this nation’s founding principles.”

“President Obama’s healthcare reform law will be under attack on every conceivable front next year. Its first life-or-death experience lies in the hands of the Supreme Court, which could potentially strike down the Affordable Care Act as early as June… Legislation to remove the long-term-care CLASS Act could get through the Senate after the administration declared the program isn’t sustainable. And a House bill to repeal the law’s independent payment advisory board, one of the few provisions to control costs, has at least 12 Democratic co-sponsors.”

“The Supreme Court will begin on March 26 with one hour of arguments on whether it can reach a decision on the reform law before 2014. There is a possibility that a separate federal law will prevent the courts from ruling until the law’s individual mandate has taken effect. On March 27, the justices will hear two hours of arguments on the core question of whether the mandate is unconstitutional. And on March 28, the court will hear arguments on two issues: how much, if any, of the law’s other provisions can be upheld if the mandate is unconstitutional, and whether the health law’s Medicaid expansion is constitutional.”

“Voters want the Supreme Court to overturn President Obama’s healthcare law, according to a Quinnipiac University poll released Wednesday.
The survey showed 48 percent support for the court striking down the healthcare law, compared to 40 percent who said the court should uphold it.”

“The Supreme Court on Monday agreed to hear a challenge to the 2010 health care overhaul law, President Obama’s signature legislative achievement, setting the stage for oral arguments by March and a decision in late June as the 2012 presidential campaign enters its crucial final months… The court scheduled five and a half hours of arguments instead of the usual one, a testament to the importance of the case, and the court’s ruling a few months later will present opportunities and challenges for the presidential contenders as well as for candidates in the battle for control of Congress.”

“Before the ink was dry on the Patient Protection and Affordable Care Act (aka ObamaCare), the wheels started to fall off. Lawsuits were immediately filed challenging the constitutionality of the individual mandate, small businesses wanted the burdensome 1099 requirement immediately repealed, and coalitions were formed to overturn other costly provisions of the law…Thankfully the Supreme Court has decided to take up our case, among others, challenging the individual mandate and whether or not it is ‘severable’ from the rest of the law.”

“Lawyers on both sides of the lawsuits over President Obama’s healthcare law were caught off guard Monday when the Supreme Court said it would debate whether the law’s Medicaid expansion is constitutional. The high court was widely expected to take up the law’s individual mandate, and to take the case filed by 26 states and the National Federation of Independent Business. But the court’s decision to also hear the states’ Medicaid challenge came as a surprise to the healthcare law’s critics as well as its supporters.”

“By all means, let’s pursue every avenue and let us make sure that our laws are in their proper relation to the Constitution. But the core case against Obamacare must be a sustained political case made on policy grounds, and the means to undo the law as a whole and pursue real reform will present themselves not next summer when the Court rules but next fall when the public does. Let us not forget it, and not lose our focus and resolve.”