Professor Jonathan Adler co-authored an opinion piece for The New York Times on December 15, calling the federal ruling on the Affordable Care Act “lawless.”
What happens next, Adler says, is that the law should remain in place until it moves through higher courts, most likely the Fifth Circuit.
“If the Fifth Circuit reverses Judge O’Connor, we think it unlikely the Supreme Court will take the case. If the Fifth Circuit upholds the ruling, we are skeptical a majority of the court would sustain this weak analysis,” the opinion piece states.
Adler is one of the nation’s most cited legal scholars. The December 17 USA Today editorial and many other newspapers across the country have quoted from Adler’s New York Times piece.