Politics, health care & the Constitution

Legal academics should have been able to foresee the Court's ruling on the commerce clause.

, The National Law Journal


Legal academics should have been able to foresee the Court's ruling on the commerce clause.

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What's being said

  • DC Lawyer

    The unconstitutionality of the ACA under the Commerce clause was decided by a narrow 5-4 majority of the Court. I don't see how such a close outcome could be considered "clear," especially in 2003. Four Supreme Court justices didn't think it was clearly unconsitutional. I guess the author is just more astute than they are.

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