Bench Memos

Court Strikes Down Individual Mandate

A federal district court in Virginia has sided with state Attorney General Ken Cuccinelli in declaring portions of the health care reform law unconstitutional for exceeding Congress enumerated powers.  The opinion reaffirms the[ principle that ours is a government of limited powers and recognized that the individual mandate stretches well beyond existing precedent.  The theories advanced by the federal government in support of the mandate were without bounds and could have justified virtually unlimited federal control of private activity.  Reforming America’s health care system is important, but just like everything else, from national security to environmental protection, it must be done in a way that’s consistent with constitutional principles.

How Appealing has a round up of early coverage and reactions here.

Jonathan H. Adler — Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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