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.

Dr. SCOTUS: Overturning Medicaid expansion could turn laws on their head

Jun 6, 2012 By: Jeremy Byellin

A Supreme Court ruling invalidating the Affordable Care Act’s Medicaid expansion could turn Spending Clause jurisprudence on its head.

Oral arguments and updated health care law predictions

Mar 29, 2012 By: Jeremy Byellin

Based on oral arguments before the Supreme Court earlier this week, I have revised my predictions on how SCOTUS will rule on the health care law. The results remain the same, though.

Today in 1936: U.S. v. Butler is decided

Jan 6, 2012 By: Jeremy Byellin

On January 6, 1936, the Supreme Court decided U.S. v. Butler, which was the last Supreme Court ruling limiting congressional Taxing and Spending Clause power.

One Year Out: Can Congress regulate inactivity?

Mar 29, 2011 By: Jeremy Byellin

Opponents of 2010’s health care reform law argue that it is beyond Congress’s authority under the Commerce Clause to regulate “inactivity.”

One Year Out: Health care law and "minimum essential coverage"

Mar 9, 2011 By: Jeremy Byellin

In declaring the minimum essential coverage provision of PPACA unconstitutional, the Virginia federal court relied on inadequate case law as precedent.