Round Two for Obamacare: Sebelius Redux
Rarely do challengers of landmark legislation get a second bite at the apple in constitutional litigation. Thanks to some enterprising state attorneys general, however, champions of limited government may have another chance to overturn the signature overreach of the Obama Administration. Six years after Obamacare was initially upheld, opponents of the law (technically “The Patient Protection and Affordable Care Act,” or “ACA”) are preparing a second test case, based—ironically enough—on the implausible rationale of the initial ruling.
In a post at the Federalist Society blog, I explain how a 20-state coalition is using the 2012 Sebelius decision as a weapon to challenge the ACA. Read about it here.