Overturning ObamaCare in the Supreme Court Will Not be a Slam Dunk

U.S. Secretary of Health Kathleen Sebelius recently coauthored a piece with Eric Holder for the Washington Post, titled "Health reform will survive its legal fight."  To the extent that Judge Henry E. Hudson struck down the "lynchpin" of ObamaCare -- the insurance mandate -- a legal fight certainty exists: the constitutional question of the new mandate will make its way to the docket of the United States Supreme Court.Because the powers delegated to the federal government are "few and defined," ObamaCare must now find after-the-fact constitutional support.  The legal query is whether Congress may use its old standby, the Commerce Clause, to support its power-grab.  As peculiar as it sounds, the individual mandate will live or die on the question of Congress's power to "regulate Commerce among the several States."As with other sections of the Constitution that have been misused over the years, the case law precedent on the Commerce...(Read Full Article)

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