The legal case against the Affordable Care Act has, in the words of conservative Judge Laurence Silberman, no basis “in either the text of the Constitution or Supreme Court precedent.” Nevertheless, the plaintiffs challenging this law have hired a very skilled attorney—former U.S. Solicitor General Paul Clement—and Clement clearly believes he is so skilled that he can pull a fast one on the justices of the Supreme Court. His brief attacking the Affordable Care Act as unconstitutional is riddled with misrepresentations of precedent and inaccurate descriptions of what our Constitution says.
CAP’s Ian Millhiser gives three key examples of Clement’s attempt to replace the U.S. Constitution with something completely different.
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