Ilya Somin At Volokh: ‘Of Silver Linings And Clouds’

Full post here.

‘Obviously, losing the mandate case was a significant setback. But if we had to lose at all, better this way than almost any other. Whether the positive effects of the decision predominate over the negative ones in the long run remains to be seen. It depends on future events such as the identity of the next few Supreme Court appointments, and whether or not Obama’s health care law can be repealed or modified’

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Ilya Somin At Volokh: ‘Nonlegal Arguments for Upholding the Individual Mandate’

Full post here.

Somin takes on a few of the claims by supporters of the individual mandate.  Such is politics, of course, and perhaps more so as of late:

‘Both parties give short shrift to constitutional limits on federal power because judicial deference has created a political culture in which almost anything goes. More careful judicial scrutiny of Congress’ handiwork might lead Congress to start taking the Constitution seriously again. That result that should be welcomed by conservatives, libertarians, and liberals alike.’

Perhaps.  Comments are worth a read.

Related On This Site: Charles Fried and Randy Barnett among others, testify as to the constitutionality of the Affordable Care Act (Nearly 3 hrs, but likely worth your time.  You can skip to the parts you’d like)……Randy Barnett At Volokh: ‘My Answers to Questions Posed by Senators Durbin and Sessions’…Wasn’t it the executive branch with too much power…not the legislative?: Eric Posner At Volokh Replies To Comments The Straussians are not too happy with that view, as the comments suggest:  From Volokh: Harvey Mansfield Reviews ‘The Executive Unbound’

From The New England Journal Of Medicine Via CATO: ‘The Constitutionality of the Individual Mandate’From If-Then Knots: Health Care Is Not A Right…But Then Neither Is Property?… From The New Yorker: Atul Gawande On Health Care-”The Cost Conundrum”Sally Pipes At Forbes: ‘A Plan That Leads Health Care To Nowhere’From AEI: ‘Study: ‘Obama Healthcare Reform Raising Costs, Forcing Workers Out Of Existing Plans’

Originalism vs the ‘living constitution?” George Will Via The Jewish World Review: ‘True Self-Government’A Few Thoughts On Robert Bork’s “Slouching Towards Gomorrah”

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