Far From Easy

This law-review essay by Duke law professor Stephen E. Sachs (who recently clerked for Chief Justice Roberts) is specifically directed against claims by Obamacare supporters that the constitutionality of the individual mandate is an easy question. Sachs spells out that the arguments against the mandate “sound in law rather than in politics”; that “each substantive defense of the mandate is open to doubt”; that “a decision striking down the mandate needn’t be a drastic break from past practice”; and, indeed, that it is a decision upholding the mandate that “would raise serious questions about the limits of Congress’s power.”

See also this Volokh Conspiracy post by Ilya Somin.

Most Popular

Immigration

My American Dream

This morning, at 8 a.m., I did something I’ve wanted to do for as long as I can remember: I became an American. I first applied for a visa in early 2011, and since then I have slowly worked my way through the system — first as a visa-holder, then as a permanent resident (green card), and, finally, as a ... Read More
U.S.

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More