Home » Hot off the Press » DOMA and ObamaCare
Orin Kerr raises an interesting point:
If the Obama Administration won’t defend the constitutionality of the Defense of Marriage Act, what are the chances that a future Republican administration would defend the constitutionality of the individual mandate? To my mind, this adds a very interesting wrinkle to the individual mandate litigation (and, more broadly, to the role of the Executive Branch in defending statutes in the future).
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