ObamaCare Upheld . . . Again

1024px-William_Hogarth_004Today the U.S. Supreme Court announced its decision in the widely anticipated case of King v. Burwell, ruling that the language of the statute authorizes tax credits for individuals who use health insurance exchanges set up by the federal government as opposed to the states.  The result of the ruling is that the Affordable Care Act continues to operate and that millions of previously uninsured Americans will continue to receive health insurance under ObamaCare.  Many observers had predicted an adverse ruling from the Court, and a period of uncertainty (if not chaos) if the use of federal health insurance exchanges was struck down.  Today’s ruling by the Court means that there will be no disruption in the workings of the Affordable Care Act.  Coupled with this week’s passage of “fast track authority” for a Pacific trade bill, the ruling also cements a record of legislative accomplishment for President Obama that will add to his legacy.

Somewhat surprisingly, the Court voted 6-3 in favor of the Administration’s proffered reading of the statute.  Some observers had predicted a narrower margin.  Chief Justice John Roberts wrote the opinion for the majority.  The Chief Justice’s opinion also was crucial in upholding the Affordable Care Act in the NFIB v. Sebelius case in 2012, and it therefore appears that future historians will inevitably evaluate John Roberts’ career as Chief Justice in light of his prominent role in the survival of ObamaCare.

Continue ReadingObamaCare Upheld . . . Again

Law School and Public Policy Forum Offer Web Site on Future of Cultural Assets

Set aside the hot subject of a new basketball arena for downtown Milwaukee – that’s a horse race that’s already far down the track – and we still face a lot of major policy questions about the future of the Milwaukee area’s cultural and recreational assets.

Museums, the zoo, parks, playgrounds, the convention center, cultural organizations– these are important assets to the community and keys to the overall quality of life of people living in and visiting the Milwaukee area.

What should do to keep them vibrant and how should we pay for what we do?

Marquette Law School and the Public Policy Forum, a non-partisan local research organization, are partnering in an effort to help educate people on the issues surrounding these important aspects of our community. The two institutions have created a Web-based tool for learning about the issues and developing your own thoughts on what should be done and how it might be financed.

Continue ReadingLaw School and Public Policy Forum Offer Web Site on Future of Cultural Assets

Legislative Diplomacy After Zivotofsky

The Supreme Court’s decision in Zivotofsky v. Kerry held that Congress violated the separation of powers by enacting a statute that purported to compel the President to issue statements that contradict his policy of strict neutrality on the status of Jerusalem. In a recent post, I analyzed a disagreement between the majority and the dissent on the significance of foreign perceptions of U.S. law. I’ve now written a second post on the case, this time exploring Zivotofsky‘s implications for the constitutionality of diplomatic communications between Congress and foreign governments. It’s available over at Lawfare.

 

Continue ReadingLegislative Diplomacy After Zivotofsky