By Randy E. Barnett, Jonathan H. Adler, David E. Bernstein, Orin S. Kerr, David B. Kopel, Ilya Somin (auth.), Trevor Burrus (eds.)
The cheap Care Act debate used to be the most very important and such a lot public examinations of the structure in our historical past. on the leading edge of that discuss have been the bloggers of the Volokh Conspiracy who, from ahead of the legislations was once even handed, engaged in a lively, erudite, and available dialogue of the criminal concerns curious about the case.
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Additional info for A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case
24. David B. Rivkin Jr. sub=AR. 25. Jonathan H. Adler, “Is Morrison Dead? Assessing a Supreme Drug (Law) Overdose,” Lewis and Clark Law Review 9 (2005): 751. 26. org/politics/2009/12/23/74940/demint-tenther. 27. ” supra. 28. Somin, Gonzalez v. Raich, 507. 2 The Law Is Passed T wo days before President Barack Obama signed the Patient Protection and Affordable Care Act, Randy Barnett wrote this op-ed (abridged here) for the Washington Post. Barnett would eventually find himself on the legal team that challenged the law in the Supreme Court.
The Supreme Court’s decision in United States v. Lopez, striking down the Gun-Free School Zones Act, was not until 1995—after the Clinton health care plan had been defeated and after the Republicans had retaken Congress, effectively ending the debate over health care reform. Prior to Lopez, it was simply assumed there were no meaningful limits on the federal government’s regulatory powers. After Lopez (and United States v. Morrison in 2000), that all changed. While the argument that the individual mandate exceeds the scope of federal power as interpreted by the courts is still difficult to make, it is no longer as implausible as it was in 1994 (particularly for those of us who believe Gonzales v.
Richard Epstein of New York University and the University of Chicago is another prominent legal scholar (one of the ten most cited in the country) who believes that the mandate is unconstitutional. I certainly wouldn’t put myself on the same plane as Jonathan, Randy, or Richard Epstein. But I’m a professional constitutional law academic, federalism and the Commerce Clause are among my areas of expertise, and I think the mandate is unconstitutional too. It probably is true that more constitutional law scholars believe that the mandate is constitutional than believe the opposite.
A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case by Randy E. Barnett, Jonathan H. Adler, David E. Bernstein, Orin S. Kerr, David B. Kopel, Ilya Somin (auth.), Trevor Burrus (eds.)