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Analysis of Possible “Compromise” Supreme Court Decision on Healthcare

The constitutionality of the Patient Protection and Affordable Care Act (“Act”) will have enormous legal and political consequences. Several news outlets are projecting that the decision could be announced by the Supreme Court between June 11 and June 28. What are the possible legal decisions the Supreme Court can reach? (1) Do nothing and find […]

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“Facially Unconstitutional” or “Unconstitutional As Applied”

Nowhere in the U.S. Constitution does it mention how laws that are facially unconstitutional or unconstitutional as-applied should be treated. Rather, this distinction is one that has been formed and developed in U.S. Supreme Court (SCOTUS) precedent. The source of the facial/as-applied distinction flows from concerns over strict interpretation of “cases and controversies,” judicial review […]

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