Originalism and Obamacare

October 11th, 2012

I previously blogged about the relationship between public opinion and the challenge to Obamacare by analyzing a number of posts on the Volokh Conspiracy. In this post, I want to focus on another curious aspect of the challenge to Obamacare–namely its noticeable avoidance of any sort of originalist argument. I started writing this post some weeks ago, and never had the time to finish it, so treat this as something of a work-in-progress, and I’ll put the rest below the jump.

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