Site icon JONATHAN TURLEY

Cert Granted: Supreme Court Accepts Health Care Challenge

This just on the wire: The Supreme Court has accepted cert in the health care litigation. The resulting decision could have sweeping implication for the future of federalism in this country.

In my view, this case is more about federalism than health care. When I spoke to Congress about the care health care law, I encouraged them to re-write the mandatory health care provision to avoid a challenge over federalism. However, particularly with the death of Sen. Ted Kennedy, the Democratic leadership insisted on muscling through the legislation on the thinnest of margins. No matter how you feel about national health care, that is not the way to begin such a massive program. Now a majority of states oppose the law. I share their concerns over federalism, as discussed in prior columns and blogs.

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