Overturning Obamacare Would Be a Constitutional Blunder

, New York Law Journal


Samuel Estreicher, Dwight D. Opperman Professor of Law and co-director of the Opperman Institute of Judicial Administration at New York University, writes: Respect for Congress, which after all is the principal policymaking branch in our system, requires confronting the issues voiced by the skeptical Justices when they arise, rather than judging this law against hypothetical statutes that are highly unlikely ever to be considered seriously let alone become law.

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What's being said

  • Yes, definitely need an editor!

    Right, I think the author got it backwards in the first paragraph. "Disputed" should be "argued," OR "exceeds" should be "falls within."

  • Need an editor

    "but I do not think it can reasonably be disputed that the measure exceeds Congress' power to regulate interstate commerce" What? I think you meant the opposite. "Should the government, whether federal or state, be able to force anyone to buy a particular product, in this, health insurance?" States force people to buy auto insurance all the time. This is a federalism argument, silly. Other errors abound. This is what it takes to be a tenured professor at NYU?

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