, 5 tweets, 4 min read Read on Twitter
Breaking: Judge O'Connor grants stay and issues partial final judgment. Obamacare challenge can now proceed on appeal to 5th Circuit scribd.com/document/39655… scribd.com/document/39655…
2/ J. O'Connor reiterates a point I made on @VolokhC - the standing inquiry is separate from the merits inquiry. The legal command still exists on the Plaintiffs in Section 5000A(a), and it is still binding. (With a citation to @RandyEBarnett) reason.com/volokh/2018/12…
3/ J. O'Connor explains, at great length, why "Written law is binding, with or without the specter of an enforcement provision." If you agree with this first principle, then it naturally follows that the mandate still has legal force.
4/ In conclusion, the court finds that a stay is warranted "because many everyday Americans would otherwise face great uncertainty during the pendency of appeal"
5/ Once again, I am grateful to cites to my forthcoming @UTLawTROLP article, Undone: papers.ssrn.com/sol3/papers.cf…. I will have much more to say about this case in due time as it is appealed up to the 5th Circ.
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