For those who may be interested, I will be debating the constitutionality of the Obama health care plan individual mandate with Simon Lazarus of the National Senior Citizens’ Law Center on Tuesday night at 7 PM. The debate will be held at the George Mason University Arlington campus, in Founders Hall, Room 134. The debate […]
Archive | Individual Mandate
Akhil Amar’s Defense of the Individual Mandate
By Ilya Somin on February 7, 2011 12:11 am in Commerce Clause, Health Care, Individual Mandate, Taxing and Spending Clause
Yale law professor Akhil Amar is one of the truly great constitutional law scholars of his generation, and I benefited enormously from taking his classes when I was in law school. Unfortunately, his recent LA Times article defending the constitutionality of the Obamacare individual mandate is not an example of his better work. I was […]
“Health Laws of Every Description”: Obamacare and Original Meaning
By David Kopel on February 4, 2011 6:58 pm in Constitutional History, Constitutional Law, Federalist Society, Health Care, Individual Mandate, Necessary and Proper, Originalism, Supreme Court
Is the Patient Protection and Affordable Care Act consistent with the original meaning of Constitution? David Gans (at Balkinization) and Charles Fried (testifying before the Senate Judiciary Committee) agree that the answer is “yes.” Both of them point to Gibbons v. Ogden and McCulloch v. Maryland. Gibbons is certainly a good foundation for advocates of strong […]
A Reflection on the Recent District Court Decision
In the last year, readers of this blog have seen lots of posts on a major constitutional issue that is likely to reach the Supreme Court soon. And just recently, a District Court Judge issued a stunningly broad decision holding that the controversial law at issue is unconstitutional. Such a decision would have been considered […]
TV Appearance Discussing the Recent Individual Mandate Decision
For those who may be interested, I will be appearing on the Fox Business Network today at 5 PM eastern time, to discuss the recent district court decision striking down the individual mandate. And for those who will try to use this as evidence that I have somehow sold out to the vast right-wing conspiracy, […]
Does Judge Vinson’s Opinion Impose a “Major Limit” on Federal Power?
In an addendum to his post below, Orin writes “the existence of nonzero limits [on federal power] in no way implies the existence of major limits.” Fine. But this does not mean that the limits on federal power that survive Raich are only “symbolic,” nor does it mean that Judge Vinson is wrong. It is […]
The Weak Link in Judge Vinson’s Opinion Striking Down the Mandate
I agree with Ilya that “Judge Vinson’s analysis of the Necessary and Proper Clause is a big improvement on Judge Henry Hudson’s performance in the recent Virginia ruling striking down the mandate.” Judge Hudson opinion was pretty embarrassing on the Necessary and Proper Clause issue, while Judge Vinson gives the issue much more attention. At […]
Today’s Florida District Court Ruling Striking Down the Obamacare Individual Mandate
By Ilya Somin on January 31, 2011 8:01 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Necessary and Proper, Taxing and Spending Clause
Today’s Florida district court ruling that the individual mandate is unconstitutional is by far the best court opinion on this issue so far. Judge Roger Vinson provides a thorough and impressive analysis of the federal government’s arguments claiming that the mandate is authorized by the Commerce Clause and the Necessary and Proper Clause, and explains […]
Is the Individual Mandate Necessary?
The primary policy justification for the individual mandate is that it reduces the costs of preventing insurers from denying coverage for preexisting conditions. It reduces, but does not elminate, these costs because the mandate is too small to provide an adequate incentive for healthy uninsured or under-insured to purchase mandated coverage. This past week Merrill […]
Video of Madison, Wisconsin Federalist Society Panel on the Individual Mandate Litigation
The Wisconsin Eye website has posted a video of a recent Madison, Wisconsin Federalist Society panel on the individual mandate, in which I spoke along with Wisconsin Attorney General J.B. Van Hollen and Democratic state representative Jon Richards (who defended the constitutionality of the mandate). Enjoy! UPDATE: University of Wisconsin lawprof and well-known blogger Ann […]
Should Virginia v. Sebelius Be Dismissed For Lack of Subject Matter Jurisdiction?
My friend (and former Scalia clerk) Kevin C. Walsh has just posted a new draft paper arguing that the answer is “yes.” Readers familiar with the relevant cases are invited to weigh in in the comment thread.
Broccoli, Slippery Slopes, and the Individual Mandate
By Ilya Somin on January 25, 2011 3:26 pm in Federalism, Health Care, Individual Mandate, Libertarian Paternalism, Paternalism
Opponents of the constitutionality of the individual mandate have emphasized that upholding the mandate would give Congress the power to mandate virtually anything, including forcing people to eat broccoli. Northwestern law professor Andrew Koppelman appears to agree, but argues that this slippery slope is nothing to worry about: One of the most rhetorically effective arguments […]
Upcoming Talks in Madison, Wisconsin on the Individual Mandate and Property Rights
By Ilya Somin on January 24, 2011 10:06 pm in Blight, Eminent Domain, Federalism, Federalist Society, Health Care, Individual Mandate, Kelo, Post-Kelo Reform, Property Rights
This Wednesday, I will be giving two talks in Madison, Wisconsin. One, sponsored by the Federalist Society Lawyers Division, will be at a panel on the Obamacare individual mandate litigation. The other two panelists are Wisconsin Attorney General J.B. Van Hollen (Wisconsin recently became one of the 28 states challenging the mandate in court) and […]
Barnett and Kerr Debate the Constitutionality of the Individual Mandate
The Federalist Society’s Faculty Division recently hosted a debate on the constitutionality of the individual mandate between Randy Barnett and myself, moderated by Northwestern lawprof Steven Calabresi. The debate runs about 75 minutes, roughly split between the debate and the Q&A (which included questions by blogfather Eugene). It was recently posted on YouTube, and I […]
Upcoming Talk at the National Conference on Health Care Reform
For those who may be interested, I will be speaking about the individual mandate litigation this Thursday on a panel at the National Congress on Health Reform conference at the Ritz Carlton in Washington, DC. The panel runs from 4:30-6 PM and will also include Wake Forest law professor Mark Hall (who will defend the […]