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April 1, 2012
Liberals worry that striking down Obamacare would put the entire regulatory state 'at risk'
Are there limits to congressional power, and if there are, what are they? Liberal commentators are worried that if Obamacare is struck down by the Supreme Court, the entire edifice involving the regulatory authority of the federal government would be "on the table." Politico: "A decision in the challengers' favor ... would lead to probably an array of attacks on different parts of the federal regulatory state because for the first time, you have five justices who are going to take very seriously limits on Congressional power," Tom Goldstein, publisher of SCOTUSblog, said at a POLITICO Pro briefing just before last week's oral arguments. "And so, a lot of things that Congress does that maybe framers of the Constitution would have thought are beyond what the true regulation of interstate commerce is -- but which the modern Supreme Court has blessed -- would be back on the table," Goldstein added. Neal Katyal, who argued the health law case in lower courts as acting solicitor...(Read Full Post)