The Obvious Constitutionality of Health Care Reform1
ANDREW KOPPELMAN Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform1 The Supreme Court may be headed for its most dramatic intervention in American politics—and most flagrant abuse of its power—since Bush v. Gore.2 Challenges to President Obama’s health care law3 have started to work their way toward the Court and have been sustained by two Republican-appointed district judges.4 1. A version of this Essay was presented at “Healthcare Reform: The Law and Its Implications,” a seminar of the American Health Lawyers Association, held in Chicago on December 6, 2010. This Essay consolidates and adds to arguments presented in an earlier series of blog posts. Andrew Koppelman, Can’t Think of Another One, BALKINIZATION (Dec. 14, 2010, 11:17 AM), http://balkin.blogspot.com/2010/12/cant-think-of-another-one.html; Andrew Koppelman, Health Care Reform: The Broccoli Objection, BALKINIZATION (Jan. 19, 2011, 4:48 PM), http://balkin.blogspot.com/2011/01/ health-care-reform-broccoli-objection.html; Andrew Koppelman, Non Sequiturs in the Florida Health Care Decision, BALKINIZATION (Feb. 2, 2011, 2:42 PM), http://balkin.blogspot.com/2011/02/non-sequiturs-in-florida-health-care.html; Andrew Koppelman, The Virginia Court’s Bizarre Health Law Decision, BALKINIZATION (Dec. 13, 2010, 5:01 PM), http://balkin.blogspot.com/2010/12/virginia-courts-bizarre-health-law.html. 2. 531 U.S. 98 (2000). For defenses of the modest proposition that the Supreme Court is not constitutionally authorized to appoint the President, see, for example, Laurence H. Tribe, eroG v. hsuB and Its Disguises: Freeing Bush v.
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