The contraceptive mandate is not the only pending legal challenge to Obamacare. Don’t forget about the origination clause case, the state-run exchange case, and the IPAB case. About a year ago, I was not confident any of these cases had legs, but of late, I’ve started to give them some more thought.
Richard Wolf has a thorough piece exploring these challenges in USA Today. I am quoted:
One problem for the administration as it fights the various lawsuits is that the law cannot be amended to make technical corrections, a common congressional procedure. That’s because Republicans opposed to the law would attempt to undermine it during the amendment process.
“There’s absolutely no prospect of making even small, modest changes to the law,” says Josh Blackman, a conservative blogger and assistant law professor at South Texas College of Law who has written a book on the challenges to Obamacare. “The second anything is modified in this law, it would just be gutted.”
I would quibble with the affiliation. I am not a conservative. I am a libertarian. But he also labels Pacific Legal Foundation and Goldwater Institute as conservative, so I’m in good company. I also find it funny that blogger comes before professor. Whatever, it works.