Is the So-Called Mandate Without Any Tax Consequences Unconstitutional? And If So, How Should a Court Remedy That? Part Three in a Series Examining Underexplored Issues in the California v. Texas Affordable Care Act Case

VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE

In this third of a series of columns examining underexplored issues in the California v. Texas case challenging the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone consider whether the so-called individual mandate of the ACA, now without any tax consequences, is unconstitutional, as the challengers argue. The authors explain why, in their view, the challengers are incorrect, regardless of whether the word “shall” in the ACA is interpreted as obligatory or not.

Read More

Young v. Nevada Gaming Control Board

Court: Supreme Court of Nevada

Citation: 136 Nev. Adv. Op. No. 66

Opinion Date: October 8, 2020

Judge: Ron D. Parraguirre

Areas of Law: Gaming Law

The Supreme Court reversed the order of the district court denying Appellant's petition for judicial review of the order of the Nevada Gaming Control Board affirming the decision of a Board agent that a casino's refusal to redeem Appellant's six $5,000 chips because it could not verify that Appellant had won them, holding that because Appellant was in fact a "patron" of the casino, the Board should have instructed the casino to redeem Appellant's chips. Nevada Gaming Commission Regulation (NGCR) 12.060(2)(c) provides that a licensee must promptly redeem its chips and tokens from its patrons. When a casino refused to redeem Appellant's chips, Appellant filed a complaint. A Board agent found that Appellant was a patron but concluded that because the casino could not verify that Appellant had won the chips, it need not have redeemed them. The Board affirmed. The district court affirmed. The Supreme Court reversed, holding that because Appellant was a patron of the casino, the casino should have promptly redeemed Appellant's chips under NGCR 12.060(2)(c).