Jurisdictional Flaw in States' Lawsuits Against the Health Care Law?

Here it is. PrawfsBlawg's Howard Wasserman (Florida International University) praises an essay by Kevin Walsh (a former Scalia clerk) that argues that there is no statutory subject matter jurisdiction over the two state-initiated actions challenging the individual mandate--one brought by Virginia in the Eastern District of Virginia, and the other, decided yesterday, brought by several states in the Northern District of Florida. Both the Virginia decision and the Florida decision found the act to be unconstitutional, unlike the decision in Michigan to a challenge brought by the Thomas More Law Center in Ann Arbor.) Wasserman says it's "a great, quick-hitter, get-in-get-out paper." Volokh Conspiracy's Orin Kerr, a health care law critic, says the comments are worth a look. Stay tuned. And the Atlantic's Andrew Cohen explains why everyone's overreacting to VInson's ruling.