Constitutional Law
Dec. 18, 2010
The Health Care Law Is Constitutional (Still)
There is good reason to believe the U.S. Supreme Court will not agree that the health insurance mandate is unconstitutional. By Edward D. Kleinbard of USC Gould School of Law.
Little attention was paid when two federal District Courts recently concluded that the new federal health care law was constitutional, but Monday's ruling by a federal District Court Judge, Henry Hudson, in Commonwealth of Virginia v. Sebelius, was front page news because he held the insurance mandate at the center of the new law to be unconstitutional. The provision struck down by Judge Hudson imposes a tax penalty on individual...
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