“Pre-emption without representation.”
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Scott Pruitt enjoyed owning a AAA baseball team here, but he is having as much fun as Oklahoma’s attorney general, and one of the Obama administration’s most tenacious tormentors. The second existential challenge to the Affordable Care Act began here.
In the first, decided in June 2012, the Supreme Court saved the ACA by reading it imaginatively. The court held that although Congress could not, in the name of regulating commerce, penalize people for not engaging in commerce (buying insurance), the penalty linked to the individual mandate actually could be considered — although Congress did not so consider it — an exercise of Congress’ enumerated power to tax.