June 29, 2012 at 1:54 pm
Kevin OuttersonGoes to Jack Balkin at Yale Law School and Gillian Metzger & Trevor Morrison at Columbia Law School. They argued the constitutional tax issue in the 4th Circuit and again at the Supreme Court (assisted by Andrew Pincus, Mayer Brown).
Chief Justice Roberts found it persuasive, saving the mandate and the ACA.
@koutterson
by Dee Mahan on June 29th, 2012 at 15:18
Just as a point of reference, his was not the only brief making the tax argument. See the brief filed by the Service Employees International Union. They filed briefs on this point in multiple lower court cases and the Supreme Court.
by Kevin Outterson on June 29th, 2012 at 18:46
Fair enough. Jack didn’t have a patent on this argument.