Balkinization  

Sunday, September 27, 2020

Barrett, Obamacare, and cooties

Andrew Koppelman

Joe Biden has chosen to focus on health care as the principal concern raised by the Supreme Court nomination of Amy Coney Barrett.  The press has zeroed in on one of her writings, which is remarkably sympathetic to earlier challenges to Obamacare.  But the issues in those cases are unlikely to come before her.  The real danger lies in her more general willingness to entertain lousy legal arguments for anti-Obamacare results.


I explain in a new piece at The Hill, here.

 


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