Supreme Court accepts challenge to health law’s contraceptive mandate

Started by jimmy olsen, November 07, 2015, 07:46:20 AM

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The Minsky Moment

Back to the OP.

NFIB v. Sibelius addressed important issues of constitutional law relating to the scope of the commerce and taxing powers.
King v. Burwell addressed significant questions of statutory interpretation.

This case however presents no significant issue of law or fact that I can discern.  The "burden" on the organizations is that they have to tell HHS who they are and that they are opting out of providing coverage.  Or send a form to their administrator to the same effect.  Virtually every court to look at this has found no issue - including the 2nd, 3rd, 5th, 10th and DC circuits.  But one appellate court went off the rails and ruled for the plaintiff so now there is a circuit split on what seems to be a non-issue.
We have, accordingly, always had plenty of excellent lawyers, though we often had to do without even tolerable administrators, and seen destined to endure the inconvenience of hereafter doing without any constructive statesmen at all.
--Woodrow Wilson