The National Law Journal, a Recorder affiliate, asked practitioners to provide instant commentaries on the U.S. Supreme Court’s June 28 decision to uphold the Affordable Care Act. These are collected at www.nlj.com/healthcare. Below are two selected excerpts by David Orentlicher and Ilya Shapiro.
It would have been ironic indeed if the U.S. Supreme Court had struck down the individual mandate to purchase health care. Opponents of the mandate objected to what they saw as an unjustified effort by Congress to expand the power of the federal government. But in fact, the Affordable Care Act’s mandate represents a weaker assertion of federal power than occurred when Congress enacted Medicare in 1965.
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