Opinion by Ruth Marcus: A Texas federal judge takes another shot at Obamacare
— not just against the plaintiffs in this particular case, but anywhere, anytime. Yes, a single judge in Fort Worth determines whether you have to pay out of pocket for your colorectal cancer screening.
And this move, in O’Connor’s judgment, violated the separation of powers — specifically, the Constitution’s appointments clause, which provides that all “officers of the United States” must be nominated by the president and confirmed by the Senate.
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