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

Yale Law Journal Online, Vol. 121, No. 1, 2011

Northwestern Public Law Research Paper No. 11-25

25 Pages Posted: 14 Feb 2011 Last revised: 10 May 2011

Date Written: February 7, 2011

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.

Keywords: Health Care Reform

JEL Classification: K10, K19, K30, K39

Suggested Citation

Koppelman, Andrew, 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: https://ssrn.com/abstract=1758986

Andrew M. Koppelman (Contact Author)

Northwestern University School of Law ( email )

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

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