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Is the Health Care Law Unconstitutional?

health care
Just minutes after President Obama signed the health care legislation into law on Tuesday, 13 state attorneys general, led by Bill McCollum of Florida, filed a federal lawsuit challenging the law’s constitutionality. Virginia’s attorney general, Kenneth Cuccinelli, filed a similar suit the same day. Both complaints charge that Congress has no power under the Constitution’s Commerce Clause to require that all Americans buy health insurance or pay a penalty.
Do the opponents have a strong case that the individual mandate is unconstitutional? How likely are the courts to strike down any part of the health legislation?

  • Jack M. Balkin, Yale Law School
  • Randy Barnett, Georgetown Law School
  • Abbe R. Gluck, Columbia Law School
  • David B. Rivkin and Lee A. Casey, counsel in the Florida lawsuit
  • James F. Blumstein, Vanderbilt Law School

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