Health Affairs December 19, 2018
When a United States District Judge in Texas ruled the Affordable Care Act unconstitutional in its entirety, commentators complained about activist courts and lamented the apparent political bent of recent appointees to the federal judiciary. There is some truth to those observations, but the fundamental failure of government that led to the Texas decision lies not in the judicial branch. The problem is Congress.
Texas v. Azar (also called Texas v. United States) makes no pronouncements about rights and – despite its posture as a suit by states against the national government – breaks no new ground regarding the limits of federal power. It is, in fact, a quotidian case of statutory interpretation masquerading as a debate over constitutional law....
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