To Save Obamacare, Repeal the Mandate
12/21/18 //
Commentary
If congressional intent is the key to the Texas decision invalidating the Affordable Care Act, Congress can intervene. And the best way for it to do so is not to enter the litigation. It’s to legislate.
Two Thoughts on the Government's Motion to Dismiss in the CREW Emoluments Case
6/10/17 //
Quick Reactions
Here’s a brief note on two things that struck me on a quick read of the government’s motion to dismiss in CREW v. Trump, filed yesterday. The first is about Mississippi v. Johnson, which the government cites as limiting the power of courts to grant injunctions against the President. The second is about the government’s more general claim that the only proper relief for an emoluments violation is political rather than judicial.