[T]here’s pretty much nothing that Congress can’t do and that’s the end of the enumerated power scheme . . . if the Supreme Court were to uphold the Constitutionality of the individual mandate. So says Randy Barnett in an interview on NPR’s Morning Edition earlier this week, in which he reprised his Heritage Foundation argument. […]
In response to Does Health Care Reform Violate the Real Constitution? by Mark A. Hall Mark is correct in identifying the individual mandate as the only component of the proposed health care reform legislation that raises a more than trivial constitutional question. The other elements of the legislation—insurance industry reforms, health insurance exchanges, the employer […]
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The views reflected in this blog are those of the individual authors and do not necessarily represent those of the O’Neill Institute for National and Global Health Law or Georgetown University. This blog is solely informational in nature, and not intended as a substitute for competent legal advice from a licensed and retained attorney in your state or country.