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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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POTUS: Obamacare is “Stable” and there are “plusses and minuses” to single payer

March 14th, 2014

Some more comments from President Obama regarding Obamacare:

The president said he expects “a larger number” still to be enrolled by March 31.

“The pool is already large enough, the number of people who have signed up is large enough, i’m confident the program will be stable,” Obama said.

Many of the questions in the interview, submitted by users of the website, focused on costs of insurance under the plan. Obama said that some of the issues raised were the byproduct of the U.S. tradition of private-based insurance.

“Obviously there are other countries who have government run health care or have a single payer plan in which case the government really controls much more tightly how health care distributed,” Obama said.

“There are pluses and minuses with having a private health care system.”

Still, the president defended many of the plans available on the exchanges, and said that ultimately they were worth purchasing.

“Good solid insurance with some deductibles and co-pays is better than no insurance at all,” he said.

Obama: Due to Obamacare you “might have to switch doctors,” but you are “gonna save money.”

March 14th, 2014

At long last, we find out what “If you like your insurance, you can keep your insurance,” means.

You can’t keep your doctor, but you will pay less (for fewer services). Or, in many states, you will pay more for fewer services. But “good solid insurance with some deductibles and co-pays is better than no insurance at all.”

 

That may be true for some, but not all, who can no longer afford to buy the most basic types.

BTW, has anyone else noticed the President’s folksy affect in his diction. He routinely drops his gs at the ends of words (feelin’, goin’, etc.) “Gonna” seems to be another manifestation of this style.

Constitutional Places: The Supreme Court of Florida and its AWESOME Rare book room

March 13th, 2014

During a recent trip to Tallahassee, I took a tour of the Supreme Court of Florida (SCOFLA as it’s known). Of course, SCOFLA achieved its most widespread notoriety during the election 2000 controversy between George W. Bush and Al Gore.

Here are photographs of the Supreme Court of Florida, photographs of Clarence Gideon and Louis Wainright (SCOFLA denied review of Gideon’s petition), an actual ballot box and voting machine from Palm Beach County, and the lectern at which Gore v. Harris was argued.

 

 

Though, the absolute coolest part of SCOFLA was it’s rare book room. I spent nearly 40 minutes in the room, ogling over the wide-ranging collection. I went on a Twitter flurry, and tweeted all of the books I found of interest (this only scratches the surface). I hope you enjoy this as much as I do.

 

 

 

 

 

 

 

 

Ilya Non-Confusion: Volokh Edition

March 13th, 2014

Kudos to Eugene Volokh for telling apart Ilya Somin and Ilya Shapiro:

Apologies for the two self-promotion posts in one day, but I thought I’d mention that Cato has put together a slightly edited and improved version of my posts on Hobby Lobby v. Sebelius in a handy little ebook, available from Cato (list price $3.99) or from Amazon. The book also includes a detailed foreword by Cato’s Ilya Shapiro (not to be confused with our own Ilya Somin). 

Solicitor General’s Hobby Lobby Brief Addresses Arizona SB 1062 and Intersection of RFRA and Title VII

March 13th, 2014

In the SG’s reply brief in Hobby Lobby, the United State addresses an issue that will some cruise into the forefront of our thoughts–the intersection of Title VII and RFRA.  The government strongly signals that RFRA would not stand as a barrier to any type of civil rights claim. That is, someone asserts that requiring him (or his business) to service certain customers (let’s say a gay wedding) substantially violates his religious liberties.

This lengthy footnote alludes to this issue, in the context of Arizona SB 1062.

As McClure makes clear, this example is not hypothetical. In- deed, one of respondents’ amici expressly urges the Court to use this case to resolve what it describes as the “growing conflict be- tween religion and nondiscrimination principles” in favor of religion. See Liberty, Life, & Law Found. Amicus Br. 13. Similar arguments were recently advanced in favor of an amendment to Arizona’s state- level RFRA, Ariz. Rev. Stat. Ann. §§ 41-1493 et seq. (2011); see S.B. 1062, 51st Leg., 2d Reg. Sess. (Ariz. 2014), which was vetoed by the Governor. See Letter from Janice K. Brewer, Governor, State of Ariz., to the Hon. Andy Biggs, President of the Ariz. State Senate (Feb. 26, 2014), http://azgovernor.gov/dms/upload/PR_022614_ SB1062VetoLtr.pdf. As counsel for respondents’ amicus Christian  Legal Society has explained, the vetoed Arizona bill would have expressly codified as a matter of state law respondents’ interpreta- tion of the federal RFRA, i.e., an extension of free-exercise rights to all corporations and recognition of a RFRA defense in litigation between private parties. See David Bernstein, Guest post from Prof. Doug Laycock: What Arizona SB 1062 actually said, The Wash. Post (Feb. 27, 2014), http://www.washingtonpost.com/news/ volokh-conspiracy/wp/2014/02/27/guest-post-from-prof-doug-laycock -what-arizona-sb1062-actually-said/; see also Gov’t Br. 43-45 (dis- cussing court of appeals decisions holding that RFRA does not apply in litigation between private parties).

 I opined on this issue at length here, and addressed how there is a Circuit Split on the issue. This case should come to the Court soon enough.

For months, I’ve thought that the Justices can’t decide Hobby Lobby without Elane Photography in their minds. In other news, Elane Photograph is up for consideration at the next conference.

Update: More from Marty Lederman:

And that is why Hobby Lobby is—and why Arizona SB 1062 would have been—so striking and so important.  However modest its language might have been, there is no doubt that SB 1062 was designed—and widely understood, including by Governor Brewer—to reflect a legislative view that commercial actors should be afforded religious exemptions much more often than they have been in the past (i.e., never), including when it comes to antidiscrimination norms.
Likewise, in Hobby Lobby, the plaintiffs and their amici (including Senator McCain) are urging the Court not only to allow commercial for-profit enterprises to raise RFRA claims, but also to grant the requested exemptions­—that is to say, they are urging the Court to make a sharp break from its unbroken doctrine.  It is therefore not surprising that the government, in its just-filedreply brief, argues that “RFRA should not be read to attribute to Congress an intent to accomplish sub silentio the revolution in free-exercise law that respondents seek.”

Some of Hobby Lobby’s amici argue that the case (and the parallel recent proposals to amend state law) does not threaten such a sea-change with respect to commercial actors’ claims for religious exemptions that would significantly harm third parties.  Doug Laycock, for example, has recently blogged that SB 1062 would not have presented much of a threat to antidiscrimination and other commercial laws because “[a]s a business gets bigger and more impersonal, courts would have become more skeptical about claims of substantial burden on the owner’s exercise of religion, and more open to the government’s claim of compelling interest.”

The Court’s decision in Hobby Lobby is likely to have a profound effect upon how other courts treat state and federal RFRA claims in the commercial sector going forward.  If the Court were to hold that RFRA requires an exemption in these cases—and were to hold, in particular, in the case brought by a very large for-profit employer, that the law substantially burdens plaintiffs’ religious exercise and that the government lacks a compelling interest in denying religious exemptions—that would be a groundbreaking departure from the judiciary’s (and Congress’s) historical practice, one that could pave the way for claims for “myriad exceptions flowing from a wide variety of religious beliefs” (Lee) by commercial enterprises with respect to many other statutes, including nondiscrimination requirements, zoning regulations, taxes, and so on.

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