Annie
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- Nov 22, 2003
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There was some discussion on the topic on another thread. I couldn't answer the question, but I just ran across this in the WaPo, written by someone more qualified:
Is health-care reform constitutional?
Is health-care reform constitutional?
Is health-care reform constitutional?
By Randy E. Barnett
Sunday, March 21, 2010; B02
With the House set to vote on health-care legislation, the congressional debate on the issue seems to be nearing its conclusion. But if the bill does become law, the battle over federal control of health care will inevitably shift to the courts. Virginia's attorney general, Ken Cuccinelli II, has said he will file a legal challenge to the bill, arguing in a column this month that reform legislation "violatethe plain text of both the Ninth and Tenth Amendments." On Friday, South Carolina Attorney General Henry McMaster and Florida Attorney General Bill McCollum announced that they will file a federal lawsuit if health-care reform legislation passes.
Will these cases get anywhere? Here is a guide to the possible legal challenges to a comprehensive health-care bill...
Randy E. Barnett teaches constitutional law at Georgetown University. He is the author of "Restoring the Lost Constitution: The Presumption of Liberty." He will be online to chat with readers at 11 a.m. on Monday, March 22. Submit your questions and comments before or during the discussion.