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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