My Second Year Battling Obamacare: Hitting the Century Mark

A year ago, I published a law review article detailing “my first year battling Obamacare.”  That essay wove the main legal arguments and judicial opinions to that point—the last one being the Sixth Circuit’s ruling for the government, a footnote about which I managed to insert in final editing—into a narrative about my and Cato’s involvement in the litigation.

The colorful highlights of that narrative undoubtedly came from the many debates, panels, and other public events I participated in, a tour triggered at least in part by my “Obamacare debate challenge.”  Cato senior fellow Randy Barnett has also graciously passed on to me various speaking invitations he’s declined; I’ll take being the back-up/junior varsity to the “intellectual godfather” of the Obamacare cases any day!  (Randy and I, who are the only people other than two or three government lawyers to have attended every single Obamacare appellate argument, joked that that we were going to make t-shirts called “Obamacare Appeals Tour 2011: Traveling in Interstate Commerce.”)

All that good fun has continued through the present, of course, and while nobody’s yet asked me to do a follow-up article about my second year—I may write one anyway this summer once the decision hoopla dies down—I can report that next Wednesday I’ll be marking my 100th Obamacare public event.  Fittingly, it’ll be held at the National Constitution Center in Philadelphia.  It’s an interesting format too, with Randy and Yale law professor Jack Balkin (whom I’ve debated) as the main discussants and a small panel of “experts” acting as interlocutors.  The event, which starts at 6:30 p.m., is open to the public but has a modest ($7-$10) admission fee.

And of course, we shall soon see the ultimate result of all this investment of time and energy.  The Supreme Court will almost certainly release its ruling at the end of June, with the most likely days being June 27 (my birthday, as it happens), June 25, June 21, and June 29—in that order.