Friday, February 25, 2011

Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform

Andrew Koppelman

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.

I’ve been saying this here for months in a series of short posts. I’ve now posted a paper on SSRN that pulls together the whole argument.

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