By Sam Singer
The health care debate is already brimming with needless commentary, so it is with some reluctance that I bring up the latest digression, courtesy of two of the legal community’s most notable agitators.
Writing in the Wall Street Journal, conservative lawyers David Rivkin and Lee Casey argue that Congress is without constitutional authority to enact a law requiring Americans to buy health insurance. Under its Commerce Clause powers, Congress can regulate economic activity that has a substantial effect on interstate commerce. But Rivkin and Casey can’t discern what activity, short of having a pulse, Congress seeks to regulate through a mandatory insurance program.
Posted on September 30, 2009