February 13, 2014

YA THINK? Megan McArdle: Latest ObamaCare Delay Is Probably Illegal.

That doesn’t mean that the courts are going to step in. Courts don’t just swoop down and body-check the executive branch or Congress every time one of them oversteps its constitutional powers. They wait for someone to sue. And in order to sue, you need to have legal standing, which, Adler points out, no one seems to. It’s not enough to say that your taxes will be higher, or your government measurably less constitutional, because of the government’s actions. You need to prove that you have been substantially harmed, and it’s not clear that anyone can.

If it were the Dems, they’d find somebody. I’m not so convinced that there’s nobody out there to be found.