When is a tax not a tax? Ask Chief Justice Roberts

Jun 28, 2012 By: Jeremy Byellin

The Supreme Court’s ruling in the health care law challenge on the Anti-Injunction Act and Congress’s Taxing Clause powers creates somewhat of a weird contradiction.

SCOTUS limitation on Medicaid expansion matters more in principle than practice

Jun 28, 2012 By: Jeremy Byellin

The Supreme Court’s ruling on the ACA’s Medicaid expansion softens penalties for noncompliant states, but in practice, most states will still comply.

In health care ruling, Roberts gives Congress broad Taxing Clause powers

Jun 28, 2012 By: Jeremy Byellin

This morning’s Supreme Court decision upheld the Affordable Care Act nearly in its entirety, but did so on Taxing Clause, rather than Commerce Clause, grounds.

Obama on DOMA defense: Can he really do that?

Apr 25, 2011 By: Jeremy Byellin

President Obama’s unprecedented decision to halt the Justice Department’s legal defense of the Defense of Marriage Act may result in the law’s invalidation.