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).
Notice to Readers: The American Spectator and Spectator World are marks used by independent publishing companies that are not affiliated in any way. If you are looking for The Spectator World please click on the following link: https://thespectator.com/world.
