Jonathan Adler

18 Dec 18
AwardsWatch

347 feature films are eligible for the 91st Academy Awards®, the Academy of Motion Picture Arts and Sciences announced today. To be eligible for 91st Academy Awards consideration, feature films must open in a commercial motion picture theater in Los Angeles County by December 31, and begin a minimum run of seven consecutive days. Under […]

18 Dec 18
ThinkProgress
A Republican judge’s opinion claiming that the entire Affordable Care Act must be struck down is so poorly reasoned that even the Cato Institute denounced it on Wednesday. Cato, which was originally known as the Charles Koch Foundation, tried and failed to convince the Supreme Court to strike down the key provisions of Obamacare in 2012. The conservative think tank’s health policy director, Michael Cannon, was one of the architects of King v. Burwell, the last political lawsuit asking the Supreme Court to undercut the law. And yet, in a short piece published on Cato’s website on Wednesday, Cato senior fellow Ilya Shapiro argues that Judge Reed O’Connor’s latest attack on Obamacare is wrong. To be sure, Shapiro peppers his analysis with complaints that the Supreme Court missed its chance to implement a libertarian utopia where people who can’t afford health care are simply left to die. “Friday’s ruling gave me a wistful thought about what might have been,” Shapiro writes. “But this case just isn’t the silver bullet that will finally kill” a law that allowed 20 million people to obtain health care coverage. O’Connor’s opinion in Texas v. United States rests on the theory that, when Congress passed the Trump tax bill in 2017, it secretly repealed the entire Affordable Care Act at the same time. https://thinkprogress.org/breaking-republican-judge-issues-order-striking-down-obamacare-967945c56a97/ The original Affordable Care Act requires most people to either carry health insurance or pay higher income taxes — a provision widely known as the law’s “individual mandate.” The 2017 tax law functionally repealed the individual mandate by setting the amount of taxes people must pay if they don’t have insurance at zero. O’Connor’s opinion claims that this zeroed-out mandate is unconstitutional, a decision which should have no practical effect whatsoever because the amended mandate does absolutely nothing. But then O’Connor’s opinion takes a weird turn, concluding that the completely impotent mandate is “essential” to the whole law — and therefore that the law must be struck down in its entirety. That leap is too much, even for Cato’s Shapiro. “Congress had the opportunity to sever as much of Obamacare as it wanted,” he writes, so Congress “effectively ratified the entirety of Obamacare with a $0 mandate.” Shapiro concludes that he is “quite skeptical that the severability ruling will be upheld on appeal, even by the conservative-friendly Fifth Circuit.” With Shapiro’s rejection of O’Connor’s opinion, Cato joins a growing list of prominent conservative commentators and institutions, including Jonathan Adler (another architect of the King litigation), Sen. Jerry Moran (R-KS), and the Wall Street Journal editorial page, all of whom expressed doubts about O’Connor’s poorly reasoned opinion.
18 Dec 18
HENRY KOTULA

https://www.axios.com/congress-could-get-rid-of-aca-lawsuit-ba906df5-57fd-492a-b365-baab06421ac1.html Congress could kill the lawsuit that threatens to wipe out the Affordable Care Act, legal experts say, but the politics of the issue will almost certainly keep it from doing so. Why it matters: While these same legal experts think it’s very likely that this case gets thrown out on appeal, that doesn’t mean it […]

18 Dec 18
Entertaining WE

Associate Justices Neil Gorsuch, top left, and Brett Kavanaugh, top right, are staking out different positions on the Supreme Court.(Photo: MANDEL NGAN, AFP/Getty Images)WASHINGTON – Supreme Court Associate Justice Brett Kavanaugh is starting what could be decades on the bench with a sense of caution that has put him at odds with his fellow conservatives. Kavanaugh’s low-profile…

18 Dec 18
Glam York
18 Dec 18
Arcynewsy

If the controversial ruling by a federal judge that the Affordable Care Act is unconstitutional unfolds in the Supreme Court, it will have to face the same majority that twice upheld the law against fatal attacks and is not affected by the additions of President Trump to the Court. The case must first be taken […]

17 Dec 18

Galit Eilat

CURRENT PROJECTS 2019-20 On Hostility and Hospitality, Sandi Hilal, Ehsan Fardjadniya, Fadwa Naamna. CAMP – Center for Art on Migration Politics. Copenhagen, Denmark. 2016-19 Syndromes of the Present, trans disciplinary research project. Juan Pérez Agirregoikoa, Marc David Baer, Yael Bartana, Melis Birder, Ayse Cavdar, Yael Davids, Marjolijn Dijkman, Galit Eilat, Koken Ergun, Amir Engel, Alexander […]

17 Dec 18
Healthy and Happy

A federal judge in Texas has thrown out the Affordable Care Act – every single word of the sprawling law. As Michigan law professor Nick Bagley tweeted, even the calorie counts on restaurant menus are now at risk. The Dec. 14 Texas decision, if upheld (a big if) threatens the coverage of roughly 20 million […]

17 Dec 18

Galit Eilat

CURRENT PROJECTS 2019-20 • On Hostility and Hospitality, Sandi Hilal, Ehsan Fardjadniya, Fadwa Naamna. CAMP – Center for Art on Migration Politics. Copenhagen, Denmark. 2016-19 • Syndromes of the Present, trans disciplinary research project. Juan Pérez Agirregoikoa, Marc David Baer, Yael Bartana, Melis Birder, Ayse Cavdar, Yael Davids, Marjolijn Dijkman, Galit Eilat, Koken Ergun, Amir […]