constitutional law; health care reform
Constitutional Law | Health Law and Policy | Law
Two federal district judges have invalidated the so-called "individual mandate" in the Patient Protection and Affordable Care Act of 2010. Their reasoning is bizarre and mischievous. The novel approach to constitutional law that they propose would misread the Constitution, betray the intentions of the framers, and cripple the nation's ability to address one of its most pressing problems.
The correct legal analysis is simple. Congress has the authority to solve problems that the states cannot separately solve. It can choose any reasonable means to do that.
Koppelman, Andrew, "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform" (2011). Faculty Working Papers. Paper 18.