Tuesday, February 28, 2012

Breaking a Self-Imposed Embargo

I had decided some time ago to take a break from posting on the upcoming SCOTUS ObamneyCare© case, but Hot Air's Ed Morrissey has a post on a fascinating and refreshingly unique theory espoused by the Institute for Justice.

According to its website, the IfJ is "our nation's only libertarian public interest law firm ... We seek a rule of law under which individuals can control their destinies as free and responsible members of society."

And they've filed an amicus brief in the aforementioned case, based on the age-old caveat that a contract entered into under duress is non-enforceable. Their stance is that, because insurance is, in fact, a contract, forcing one under penalty of law to sign on the dotted line renders it moot.

Florida International University Constitutional Law Professor Elizabeth Price Foley, who helped draft the brief, explains:

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