The Supreme Court has decided to wade back into the controversy over the Affordable Care Act (ACA) or “Obamacare” today with the granting of review of King v. Burwell, No. 14-114. I have previously written about the King case as well as the parallel case in the D.C. Circuit in Halbig. Today, the Supreme Court will hear oral arguments in King and there appears a rather transparent effort by the Administration to give justices sticker shock in considering the challenge, particularly Chief Justice John Roberts. [For full disclosure, I am lead counsel in the challenge filed by the United States House of Representatives to different ACA changes ordered unilaterally by President Obama in House of Representatives v. Burwell.
U.S. District Judge Andrew Hanen delivered a major blow to President Barack Obama’s unilateral executive action on immigration with a preliminary injunction in Brownsville, Texas. The case involves a challenge by 26 states and, to succeed, the states had to meet a high standard that they were likely to prevail on the merits in the case. Hanen found that, absent an order, the states will “suffer irreparable harm in this case.” The ruling sets up an appeal that could move the case more rapidly through the system in yet another challenge to the President’s unilateral actions. [For the purposes of full disclosure, I have previously testified against the President’s unilateral actions and I am currently serving as lead counsel to the House of Representatives in its challenge to such actions taken with regard to the Affordable Care Act.]
The United States has continued to fall in the annual ranking of global press freedom under President Barack Obama. The U.S. fell three places to 49th from its already low 46th place last year by Reporters Without Borders 2015 World Press Freedom Index.
Much of the talk after the massive march for free speech in Paris this weekend was the absence of President Barack Obama with other world leaders. It was an embarrassment for our country and slap in the face to the French. Instead, the Administration sent Jane Hartley, one of its bundlers turned diplomats who were given a major appointment for raising money for the President. Even though Attorney General Eric Holder was in Paris that very day, he did not even stick around to march with other leaders. The Administration is now admitting that it blew it but there is a mystifying lack of basic competence and foresight at the White House at such moments. Rather than attend the rally, Obama stated in town for a photo op with the San Antonio Spurs. It was a shameful image to leave with French. This was not the only such controversy over who was present and who was not.