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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?

To: JohnM who wrote (134305)	3/23/2010 9:25:25 AM
From: JohnM	Read Replies (1) \| Respond to of 542961

Ed Kilgore. Definitely something to keep an eye on. And if the SC weren't filled with "take us back to the 19th century" jurists, this would not be an issue. -------------------------------- The (Republican) Constitutional Challenge To Health Reform Today we learn that a coalition of State Attorneys General--12 so far--plan to launch a constitutional challenge to the just-passed-but-not-yet-signed Senate health reform bill on grounds that imposing an individual mandate to buy health insurance is not justified by the powers Congress enjoys under the Commerce Clause of the U.S. Constitution. Interestingly enough, the media reports I've seen on this story do not mention that eleven of the twelve AGs in question are Republicans. The one Democrat, Drew Edmondson of OK, is running for governor in this very conservative state. FWIW, few constitutional experts find any merit for a Commerce Clause challenge to health reform. But the proposed suit is probably part of a longstanding conservative legal effort to slowly chip away at the expansive view of the Commerce Clause, which has been the basis for a variety of important congressional actions, including the Civil Rights Act. While the challenge is unlikely to get anywhere, it is worth remembering that there wasn't much if any precedent for the decision in Bush v. Gore, either. Posted by Ed Kilgore on March 22, 2010 06:52 PM thedemocraticstrategist.org