Given how unpersuasive some Obamacare rulings have been, it’s easy to become cynical. But both sides have won and lost on some big issues. Thus, it is a mistake to think that there are five justices who will always vote to uphold Obamacare. The Origination Clause challenge to Obamacare that the Supreme Court is being asked to review today, Sissel v. HHS, presents some truly novel issues, as the debate among appellate judges this summer demonstrates. It also justifies a review of ten myths about Obamacare litigation.
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