Here’s a recent cert petition involving an allegation that the Affordable Care Act (aka Obamacare), through what is called a “reinsurance” program, requires group health plans “to fork over $10 billion in plan assets.” Pet. at 1. The Federal Circuit held that this wasn’t a taking, merely an “obligation to pay money” and thus the plaintiffs lacked a private property interest. Money isn’t property, right? …
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