So Much For the Commerce Clause Challenge to Individual Mandate Being "Frivolous"

Authors

Randy E. Barnett, Georgetown University Law CenterFollow

Document Type

Article

Publication Date

2011

Abstract

Remember when the Commerce Clause challenge to the individual insurance mandate was dismissed by all serious and knowledgeable constitutional law professors and Nancy Pelosi as "frivolous"? Well, as Jonathan notes, the administration is now apparently telling the New York Times that the individual insurance "requirement" and "penalty" is really an exercise of the Tax Power of Congress.

Publication Citation

1 J.L. (1 The Post) 373-376 (2011)

Scholarly Commons Citation

Barnett, Randy E., "So Much For the Commerce Clause Challenge to Individual Mandate Being "Frivolous"" (2011). Georgetown Law Faculty Publications and Other Works. 1149.
https://scholarship.law.georgetown.edu/facpub/1149