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Yet Another Way That Obamacare Is Unconstitutional: The Arguments in Florida v. HHS

In the Washington Examiner, I discuss the brief I recently filed on behalf of Minnesota and North Carolina legislators challenging Obamacare, which highlights a lesser-known constitutional infirmity that plagues the massive new health care law passed in 2010: its Medicaid provisions violate limits on Congress's power under the Spending Clause. Reason's Peter Suderman discusses the recent oral arguments before the United States Court of Appeals for the Eleventh Circuit in the challenge to Obamacare in Florida v. U.S. Department of Health and Human Services, the case in which we filed our brief, and how a judge viewed a related legal argument under the Spending Clause as being "powerful." A Florida trial judge struck down Obamacare last year on a different ground: that its individual mandate violates limits on Congress’ power under the Constitution's Commerce Clause. I previously explained why the individual mandate is unconstitutional.