Robert A. Levy, the Chairman of the Cato Institute has a new posting on SCOTUS blog (a blog about the cases and happenings at the Supreme Court of the United States) that pulls apart the "individual mandate" as not having any relation to "interstate commerce" and which fails to meet the Constitution's "necessary and proper" clause.
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PPACA Mandate: Not Commerce, Not Interstate, Not Necessary, Not Proper
Wednesday, August 10, 2011
D4PC Morning Rounds for April 13, 2011
Tuesday, April 12, 2011
Researched by Beth Haynes, MD
On Monday(4/11/11), the Democrat Missouri Attorney General filed an amicus brief to the federal appeals court addressing Florida v. HHS, but did not join the suit. Attny General Chris Koster agrees with Judges Vinson and Hudson (VA v. Sebelius) that the individual mandate to purchase health insurance exceeds Congress' constitutional powers and this provision can be severed from the rest of the legislation. A statewide referendum in Missouri last August declaring the mandate illegal was approved 3:1 by voters, while the state legislature passed nonbinding resolutions urging the Atty Gen to join the 26 other states suing the US Government over the constitutionality of the individual mandate.
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