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Dissenting Opinion Writing in dissent, Judge Carolyn Dineen King took issue with the majority on the plaintiffs’ standing to sue, the constitutionality of the individual mandate, and its severability from the rest of the ACA. [read post]
19 Dec 2019, 2:09 pm by Josh Blackman
This split-the-baby approach provides the answer to Judge King's question. [read post]
19 Dec 2019, 10:55 am by Jeff Wurzburg (US)
” The dissenting opinion by Judge Carolyn Dineen King explained that the lower court’s decision should be vacated since the plaintiffs lack constitutional standing. [read post]
19 Dec 2019, 10:55 am by Jeff Wurzburg (US)
” The dissenting opinion by Judge Carolyn Dineen King explained that the lower court’s decision should be vacated since the plaintiffs lack constitutional standing. [read post]
18 Dec 2019, 5:55 pm by Ilya Somin
For this reason, I agree with Judge King that the Fifth Circuit probably should have just ruled that all of the rest of the ACA is severable from the mandate, without remanding the case back to the district court. [read post]
16 Dec 2019, 6:42 pm by Jonathan H. Adler
The Fifth Circuit is allowing the suit to proceed, but Judge Don Willett has come to believe his colleagues are insufficiently sensitive the First Amendment implications of letting the suit go forward. [read post]
13 Dec 2019, 5:30 am by Krista Oehlke
Courts of Appeals for the 4th and 9th Circuits have recently lifted the injunction, a separate nationwide order prevents the rule from going into effect. [read post]
3 Dec 2019, 2:19 am by Edith Roberts
” According to Ed Whelan at National Review, “[a]n opinion last week by Fifth Circuit judge Jennifer Elrod … indicates that a ‘remarkably overbroad’ protective order entered by the district judge” in a case related to Gee v. [read post]