Tuesday, October 6, 2009

Erwin Chemerinsky on Healthcare Reform: It's Constitutional

Erwin Chemerinsky - Dean of UC Irvine Law School and Professor of Constitutional Law -- and I are on the same page regarding healthcare reform. In a Los Angeles Times op-ed, Chermerinsky argues that Congress has the authority to mandate coverage. I have made the same argument (see here and here).

By contrast, David Rivkin and Lee Casey, two conservative law firm partners, have made multiple arguments challenging the constitutionality of a federal mandate. I have not found any commentary by Constitutional Law scholars which contends that the mandate would violate the Constitution.

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