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

Koppelman, Andrew

Abstract

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

Andrew Koppelman

Northwestern University School of Law

February 7, 2011

Yale Law Journal Online, Vol. 121, No. 1, 2011
Northwestern Public Law Research Paper No. 11-25

Abstract:
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.

Number of Pages in PDF File: 25

Keywords: Health Care Reform

JEL Classification: K10, K19, K30, K39

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Date posted: February 14, 2011 ; Last revised: May 10, 2011

Suggested Citation

Koppelman, Andrew M., Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform (February 7, 2011). Yale Law Journal Online, Vol. 121, No. 1, 2011; Northwestern Public Law Research Paper No. 11-25. Available at SSRN: http://ssrn.com/abstract=1758986

Contact Information

Andrew M. Koppelman (Contact Author)

Northwestern University School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8431 (Phone)