The U.S. Supreme Court’s recent decision to uphold the Affordable Care Act (ACA, also known as Obamacare) is the latest in a series of failed attempts by Republicans to repeal the law. From its passage in 2010, the ACA has been responsible for reducing the uninsured population significantly through its key provisions requiring individuals to purchase health insurance, extending coverage for individuals with pre-existing conditions, and expanding Medicaid for low-income Americans¹. Republican legal challenges to the ACA started within hours of its signing. Filed by states, associations, and individuals, several cases made it to the Supreme Court, which rejected challenges to the ACA in 2012, 2015, and, most recently, June 2021. These legal defeats coincide with other failed attempts by …

The web is rightly abuzz with analysis of the Supreme Court’s impending consideration of the US Affordable Care Act, usually known as Obama’s health care bill. Today is the second day of oral arguments. Of the many interesting aspects of the case, the role of precedent stands out. Implicit in much of the discussion on which precedents the Court will follow is that precedent actually matters.  I think it does; others think not.  We shall see. The broader discussion is over whether the Court will be willing to strike such a major law on a weak legal case. The legal issue is whether the Commerce Clause of the U.S. Constitution — 16 words that grant Congress the authority to regulate ‘commerce …