What to do with the ACA lawsuits?
Our first topic asks the Community to discuss what the Supreme Court should do in the health care cases. We ask what the Justices “should” – as opposed to “will” – do to encourage you to discuss the issues related to the cases not in terms of predicting the outcome, but of first principles.
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Other issues are fair game too. For example, relatively little attention has been given (outside of the Fourth Circuit’s decision) to the question whether these suits are being brought too early (in light of the Anti-Injunction Act and Tax Injunction Act) or by the wrong parties (the question of standing). Also worthy of discussion is which of the cases the Justices should hear (for example, the Sixth or Eleventh Circuit case or one of the others) and whether the Court should grant cert. at all.
My (as of yet unedited) take here.
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