Gerry Canavan

the smartest kid on earth

A Battle between the Text and History of the Constitution and Political Expedience

with one comment

Scott Lemieux plays “Is Health Care Reform Constitutional?”

The “activity/inactivity” distinction is less a serious argument than an ad hoc, outcome-oriented attempt to strike down one particular law without threatening other popular federal programs.

As Lemieux notes, this doesn’t mean defenders of the ACA will win—but it does mean they’re right.

One Response

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  1. […] individual mandate is constitutional. The decision was 2-1, though all three justices agreed the “inactivity” claim currently favored by the right is a […]

    Gerry Canavan

    June 29, 2011 at 3:35 pm


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