Author Archive | Jonathan H. Adler

Mann v. Steyn — CEI SLAPPs Back

Earlier this week, Rand Simberg and the Competitive Enterprise Institute replied to Michael Mann’s libel suit. Specifically, they filed a motion to dismiss for failure to state a claim and, more interestingly, a special motion to dismiss under the District of Columbia’s Anti-SLAPP Act. As I noted here, Mann exposed himself to this motion by […]

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Robert Bork, RIP

The Honorable Robert Bork died this morning at the age of 85. A former Yale Law Professor, he was a pioneering scholar of antitrust law and among the most prominent proponents of an originalist approach to constitutional interpretation. He also served as Solicitor General in the Nixon Administration and as a judge on the U.S. […]

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Contraception Mandate Taking on Water

Yesterday, Lyle Denniston at SCOTUSBlog reports, the U.S. Court of Appeals for the D.C. Circuit effectively overturned a district court’s dismissal of a challenge to the so-called “contraception mandate,” a regulation issued by the Department of Health and Human Services that employer-provided health care plans include coverage for all FDA-approved forms of contraception without cost-sharing. […]

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Would It Be “Absurd” For Congress to Withhold Tax Credits In Noncompliant States?

One oft-repeated response in the comments to my latest post reiterating the argument that the PPACA only provides tax credits for the purchase of qualifying health insurance in state-run exchanges is that this would produce an “absurd” results. This would be “absurd,” some claim, because the consequence of state refusal to create their own exchanges […]

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Is “Right to Work” Libertarian?

I’m not a particular fan of unions as they’ve manifested themselves in the U.S. (Exposure to union thuggery and violence as a child will do that to a chap.) And given my generally libertarian orientation, I generally oppose government policies that place a finger on the scale in support of organized labor. At the same […]

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The Illegal IRS Rule on Health Insurance Exchanges – A Reply to Bagenstos

One component of the PPACA (aka Obamacare) provides for the creation of health insurance exchanges in each state in which consumers may purchase health insurance. The PPACA’s supporters anticipated that every state would create its own exchange, and the law provides for tax credits and subsidies for the purchase of qualifying health insurance plans in […]

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An Alternative Approach to Airport Security

A few weeks back, Orin polled VC readers for their views on airport security. The obvious question for those of us who are critical of the TSA’s approach is “what is the alternative?” As a recent House Transportation and Infrastructure hearing, the Consumer Travel Alliance’s Charles Leocha outlined a set of alternative policies that would […]

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FCC Urges End to Pointless Plane Prohibitions

As regular flyers are aware, all electronic devices must be turned off during takeoff and landing. As I’ve noted before, there is no safety justification for this across-the-board rule. Many devices pose no risk of interference with equipment and passengers are allowed to have all sorts of other things out that could pose an equal […]

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