October 10, 2010

Obama's Legal Team Takes a Page from FDR's Playbook

By David Fontaine Mitchell
The Patient Protection and Affordable Care Act (PPACA) of 2010, better known as "ObamaCare," is currently being challenged by attorneys general in twelve states. Florida AG Bill McCollum and Virginia AG Ken Cuccinelli are at the forefront of the opposition, proclaiming the law's insurance mandate unconstitutional. As Obama's legal team gears up for court battles destined to make headlines over the coming year, they are conspicuously moving away from their initial argument that the mandate is protected under Article I, Section 8, Clause 3 of the Constitution, also known as the Commerce Clause. That clause, which has been invoked in a number of cases over the years, states that Congress shall have the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." But as a court hearing in Florida recently revealed, it appears that instead of invoking the Commerce Clause, the Justice Department will argue the individual...(Read Full Article)