Rarely do challengers of landmark legislation get a second bite at the apple in constitutional litigation. Thanks to some enterprising state attorneys general, however, champions of limited government may have another chance to overturn the signature overreach of the Obama Administration. Six years after Obamacare was initially upheld, opponents of the law (technically “The Patient Protection and Affordable Care Act,” or “ACA”) are preparing a second test case, based—ironically enough—on the implausible rationale of the initial ruling.
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My law school years (1977-80) at the University of Texas were, in hindsight, close to idyllic. I loved my first-year professors, tuition at UT was dirt cheap, Austin was a wonderful place to live, and I reveled in the “college town” ambience, which was new to me. (Prior to arriving at UT, I had never attended a college football game. During my first year—when the Longhorns went undefeated in the regular season and Earl Campbell won the Heisman Trophy–I had season tickets on the 50-yard line at UT’s gigantic Memorial Stadium, for a pittance that even a broke law student could afford.) The post-game victory spectacle—honking horns on the Drag and the Tower lit up in orange—formed indelible memories.
At the University of Texas School of Law, on March 6, 2018 the student chapter of the Federalist Society sponsored a debate on the impact of race-based affirmative action on Asian-Americans. The speakers were noted UT law professor Sanford Levinson (defending racial and ethnic preferences) and Houston attorney Cory Liu, a volunteer with the organization Students for Fair Admissions, speaking in opposition. The speakers eloquently exchanged their views, before an attentive audience of over 100 persons, for nearly an hour, and then opened the discussion up to questions.