Prof. Steven Schwinn Calls ACA Foes’ Favorite New Weapon a ‘Nonstarter’

May 20 – Law 360

As long as that standard is met, the nation’s high court has shown little interest in delving into the procedural rules of Congress, Schwinn said. Challengers will complain that the Senate “gutted it and changed the entire bill, but the Supreme Court doesn’t seem to care how the Senate amends legislation,” he said. “As a technical matter, it strikes me as a nonstarter,” Schwinn said.

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