On Tuesday, the Fifth Circuit Court of Appeals heard oral arguments in Texas v. United States on whether a federal judge was correct in striking down Obamacare. On this episode, Michael Boldin gives an overview of what the case is about – and what needs to be done to take on the ACA – whether the courts strike it down, or not.
Substantive Due Process
[T]he conservatives reject substantive due process, which they see as a contradiction in terms that authorizes judges to legislate. If the term sounds odd, it would be odder still to dismiss the idea. As Roger Pilon writes, “By ‘law’ [in due process of law] the...