Court rejects idiotic challenge to ACA on standing grounds lawyersgunsmoneyblog.com/2021/06/but-we…
The better argument is that even if you assume arguendo that the $0 mandate is unconstitutional, it's absolutely ridiculous to claim that it can't be severed from the rest of the statute, when it has literally no impact on how anything else operates. But a win is a win.
But as the tone of Alito's dissent makes clear, the REAL argument against the ACA has nothing to with federalism, it's "the Constitution enacted Ms. Ayn Rand's Atlas Shrugged, so regulations and subsidies designed to increase access to healthcare are bad" Image
It's also important to evaluate the Court's decisions in the context of the caseflow. When the federal appellate courts mostly have very reactionary median votes, there are going to be more envelope-pushing challenges from the right, and some will go too far.
The Alito/Gorsuch argument on severability is literally that the statute should be interpreted as if Congress intended to repeal the ACA even though it had declined to do so months earlier: Image
The first time our blog led me to a publishing gig was when @sam_rosenfeld saw my "contrarian" posts about how Sam Alito would be a human manifestation of the most recent Republican Party platform rather than the apolitical moderate he was being sold as by a lot of the press
My innovative methodology was to focus on questions like "what are the outcomes of Alito's judicial opinions" rather than questions like "is his writing style like Scalia's" or "does he like baseball?"

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More from @LemieuxLGM

17 Jun
This is basically one of those atrocious "I fully support labor...except for the Sacred Relationship between teacher and graduate student instructor" articles, just applied to political campaigns [that we like] jacobinmag.com/2021/06/dianne…
The problem with the whole genre, of course, is that EVERY employer has a story for why organized labor won't work in their workplace. "I support labor in general but not in this specific case" is the hoariest play in the union-busing playbook
If fighting corporate power is important, it's important enough to pay workers a decent wage and give them decent working conditions
Read 4 tweets
16 Jun
Fucking vaccines, how do they work? lawyersgunsmoneyblog.com/2021/06/fuckin…
If you take this argument that a fully vaccinated teenager should not be allowed to attend summer camp -- that any risk of exposure to even a mild viral infection is unacceptable -- seriously, it's basically an argument against all socializing with people not in your household Image
Indeed, vaccination status then becomes irrelevant -- after all, someone fully vaccinated against COVID-19 could certainly pass on other bacterial or viral infections, and the logic of the argument is that potential exposure to any such infection is an unacceptable risk
Read 4 tweets
13 Jun
Donald Trump’s death cult still successfully convincing many of its supporters not to take the vaccine lawyersgunsmoneyblog.com/2021/06/donald…
"On a scale of -1 to +1, the correlation is +0.85 between Biden's 2020 margin in a state and the adult vaccination rate in a state" cnn.com/2021/06/12/pol…
Grim LOL at the idea that a single maskless-but-socially-distanced photo op will materially discourage anyone from taking the vaccine
Read 5 tweets
12 Jun
The IG report does not prove that the Trump administration had nothing to do with the violent attack on protestors at Lafayette Park lawyersgunsmoneyblog.com/2021/06/the-ig…
There *is* good evidence in the report that the Park Police had decided in advance to clear the park to install a fence, but this isn't actually exonerating; it doesn't account for either the precise timing or the violent manner in which the dispersal was carried out
As @ryanlcooper observes, at 6:10 Bill Barr let the USPP know that he was disappointed that protestors would still be there when Trump did his photo op. How gullible do you have to be to think that the subsequent actions of the USPP were unrelated to that? theweek.com/donald-trump/1…
Read 6 tweets
12 Jun
The idea that the Knights got some incredible deal from the NHL is silly. If you can build an instant contender out of other team’s (perceived) 13th best players and compensation for salary dumps it means you just did a much better job evaluating talent than the competition
The Panthers gave the Knights Riley Smith so that they would take Marchesault! This isn't a some kind of structural advantage, Tallon is just a yutz and McPhee fleeced him
The Panthers donating Vegas 2/3rds of a first line is well known, but how about the Jets trading the 13th pick (Nick Suzuki) so that the Knights wouldn't take...Toby Enstrom and Marko Dano? (The latter two played all of 70 games combined for the Jets going forward.)
Read 5 tweets
5 Jun
Imagine there's no Republican Party, if you're going full fash from the "left" it's important to try: lawyersgunsmoneyblog.com/2021/06/imagin…
"I used to be a supporter of the Democrat Party but then Joe Biden demanded that statues of Lincoln and Jefferson be pulled down and said that the New Deal was a worthless bucket of shit, so I had to passive-aggressively support Trump"
Fox News is quite literally what makes this iteration of the Republican Party electorally viable despite the unpopularity of virtually its entire policy agenda vox.com/2019/3/4/18249…
Read 4 tweets

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