Please, Overturn ObamaCare. But Not Like This.

Michael F. CannonThe Affordable Care Act is unconstitutional and on balance makes access to health careless secure. Since President Obama signed the ACA into law in 2010, the executive and judicial branches have amended it in so many ways –outside of the legislative process–that it is even more wildly unconstitutional and more appropriate to refer to it as “ObamaCare, ” a law that no Congress ever passed, nor ever could have passed.Today, the Supreme Court will hearCalifornia v. Texas, a case challenging the constitutionality of ObamaCare. Given that the media have described me as “ObamaCare ’s Enemy No. 1″ and “ObamaCare ’s single most relentless antagonist, ” you might think I want the Court to use this opportunity to strike down the law. I do not. I hope the Court will rule 9 –0 against the plaintiffs.As I havewritten previously,California v. Texas is a meritless case. I disagree with theamicus briefmy Cato Institute colleagues Ilya Shapiro (my sometimeco ‐amicus) and Prof. Josh Blackman filed in the case. I agree more with my sometime co ‐​author Prof. Jonathan Adler ‘s analysis.It ’s worse than meritless, however. Conservatives rightly complain that inNFIB v. Sebelius andKing v. Burwell, the Left persuaded the Supreme Court tothrowoutthe rulebook to hand them a policy “win.” But now, it is conservatives who are doing exactly that inCalifornia v. Texas. It was wrong when the Left di...
Source: Cato-at-liberty - Category: American Health Authors: Source Type: blogs