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A Conspiracy Against ObamacareThe First Decisions

A Conspiracy Against Obamacare: The First Decisions [When a lawsuit challenges the constitutionality of a statute, the first step for the government is usually to file a “motion to dismiss,” which is an argument that a case should be thrown out because the plaintiffs’ arguments are simply not good enough to hold the court’s attention. A successful motion to dismiss can kill a case before it even gets off the ground. Many legal academics predicted that the challenge to Obamacare would not even survive a motion to dismiss, which is an almost sneering way of indicating how bad they thought the arguments against the law were.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

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Publisher
Palgrave Macmillan US
Copyright
© Palgrave Macmillan, a division of Nature America Inc. 2013
ISBN
978-1-137-36374-9
Pages
59 –78
DOI
10.1057/9781137363732_4
Publisher site
See Chapter on Publisher Site

Abstract

[When a lawsuit challenges the constitutionality of a statute, the first step for the government is usually to file a “motion to dismiss,” which is an argument that a case should be thrown out because the plaintiffs’ arguments are simply not good enough to hold the court’s attention. A successful motion to dismiss can kill a case before it even gets off the ground. Many legal academics predicted that the challenge to Obamacare would not even survive a motion to dismiss, which is an almost sneering way of indicating how bad they thought the arguments against the law were.]

Published: Oct 15, 2015

Keywords: Economic Decision; District Court; Health Care Market; Interstate Commerce; Commerce Power

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