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To: LindyBill who wrote (478302)3/24/2012 7:50:23 AM
From: Bill  Read Replies (1) | Respond to of 793957
 
I'm glad that argument is being advanced with SCOTUS. Groups opposed to Romneycare sued on that basis here and were shut down by our courts on technicalities.



To: LindyBill who wrote (478302)3/24/2012 10:33:56 AM
From: D. Long1 Recommendation  Respond to of 793957
 
When I started reading this, I thought it was going to go down the Contract Clause road. I grieve for the Contract Clause probably more than the abuse of the Commerce Clause, because it was the one limit on state power that seemed rock solid:

"No State shall ...pass any ... Law impairing the Obligation of Contracts."

This has been interpreted as no state shall pass any law retrospectively impairing existing contracts, but even that is eroded. A court can still uphold a retrospective impairment of contracts if, for example, the terms are "against public policy." Sigh.