From "no-brainer" to nail biter: How libertarian legal analysis launched the Supreme Court challenge to Obamacare

Over at, Damon Root offers a concise and helpful reprise of the libertarian legal analysis of Commerce Cause jurisprudence and the individual mandate that led to the Supreme Court hearing Department of Health and Human Services v. Florida.

When then House Majority Leader Nancy Pelosi was first asked if the individual mandate was constitutional, she shot back "Are you serious?"

Subsequent court rulings - and oral argument before the Surpreme Court - have shown the question is serious enough to make President Obama, and the rest of the Affordable Care Act's supporters very, very nervous.

As they say, read the whole thing.

You can also hear my podcast interview with Randy Barnett, the architect of the libertarian legal challenge, here.

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