The key part of Obamacare, the Minimal Coverage Mandate, came to two separate courts of appeals today. Each court had to consider how far the executive branch of government may go to rewrite a law. One court, or at least one three-judge panel, showed courage. They ruled in line with the Constitution. The other panel behaved like cowards. They handed down a specious decision in the government’s favor. In so doing they made a split between two judicial circuits. Once again the Supreme Court of the United States must contend with an issue they earlier tried to punt.
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