The upshot is that Sutton did two fascinating things that initially seem ingenious but ultimately are too clever by half: (1) by rejecting the facial challenge (but remaining open to as-applied challenges once the mandate takes effect in 2014), he fails to understand that these claims were not against the executive misapplying an otherwise constitutional statute but against Congress’s power to pass the statute in the first place (in that regard, see Nicholas Quinn… [read post]