SCOTUSblog Tackles Obamacare

Cato’s Center for Constitutional Studies has been involved in the ongoing Obamacare litigation since the beginning. Befitting the magnitude of the law and its negative effects on our economy, our health, and our Constitution, for the first time Cato filed amicus briefs at every level of litigation.

Cato Chairman Robert A. Levy signed and contributed to every brief we’ve filed. Today, as part of a symposium on the constitutionality of the Affordable Care Act hosted by the indispensable SCOTUSblog, Levy has posted an essay clearly and convincingly explaining why the Affordable Care Act is unconstitutional. One passage that particularly caught my eye:

The Commerce Power is expansive. But PPACA’s mandate stretches beyond dictating how a product may be produced, distributed, exchanged, or consumed. The mandate actually compels that a transaction occur – the purchase of health insurance, which cannot legally be acquired across state lines.  Neither an act nor an interstate market exists to be regulated.  Essentially, the PPACA mandate is regulatory bootstrapping. Congress forces someone to engage in commerce so it can regulate the activity under the Commerce Clause.

For those without the time, patience, or desire to read our legalistic briefs, I highly commend it.

Other viewpoints on the constitutionality of Obamacare will be posted throughout the week. The esteemed Charles Fried of Harvard weighs in for the constitutionality of Obamacare here. Those interested in the nitty gritty of the Obamacare litigation should keep an eye on the symposium.