Balkinization  

Wednesday, March 28, 2012

Which Innocent People Shall We Hurt Today?

Andrew Koppelman


Today’s Supreme Court arguments on the Affordable Care Act involve complex technical issues of “severability” and “conditional federal spending,” so let’s get right to the core issue.  The judges are being asked to take away health insurance from millions of people.  And judging from what they said, they just might do it.  Constitutional arguments that were clear howlers a few days ago now have a chance at becoming the law of the land.

The rest of this post is on Salon.com, here.

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