March 24, 2010

The Unconstitutionality of Obamacare: A Round-up

David Harsanyi - The Mugging of Personal Freedom

Jacob Sullum - The crazy constitutional logic of the individual insurance mandate

Randy Barnett - Is health-care reform constitutional?
Related: Professor Barnett's Q&A in the Post.
Related: Professor Barnett co-authored a paper for the Heritage Foundation with Nathaniel Stewart and Todd Gaziano titled "Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional"

State attorneys general sue over health bill

Jess Bravin - Health-Overhaul Foes Ready Court Challenges (accessible via GoogleNews)

David Kopel - Is the tax power infinite? I highly recommend the debate between David Rivkin and Lee Casey v. Jack Balkin that was linked in David Kopel's post.

House Judiciary Chairman Says Constitution's Non-Existent ‘Good and Welfare Clause’ Authorizes Congress to Force Americans to Buy Health Insurance

Orin Kerr on the chances the Court would actually strike it down here and here.