The D.C. Circuit’s opinion upholding the minimum essential coverage provision is available here. Brad Joondeph has a quick summary at ACA Litigation Blog. More to come here on the Anti-Injunction Act, which split the panel. Judge Kavanaugh’s dissent is, in my estimation, persuasive and powerfully reasoned. The nature of the 2-1 circuit split on the applicability of the Anti-Injunction Act suggests that, at the very least, the issue is a difficult and close one.
« Finnis on the relationship between group members’ intelligence, skill, commitment, and dedication to common purposes, on the one hand, and their need for authority, on the other
D.C. Circuit upholds individual mandate; panel opinion by Judge Silberman and vigorous jurisdictional dissent by Judge Kavanaugh
November 8, 2011 by Kevin C. Walsh