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Randy Barnett writing at The Volokh Conspiracy: “Judge Steeh’s decision yesterday dismissing the Commerce and Necessary and Proper Clause challenge to the individual mandate was certainly not welcome news to those of us who believe the mandate to be unconstitutional. But his remarkably thin opinion brings to the fore the revolutionary implications of upholding the individual mandate without addressing them.”
Ilya Somin writing at The Volokh Conspiracy: “When I first considered the question, I thought that Raich’s reasoning was expansive enough to justify the individual mandate . . . A closer look at Raich, however, led me to reconsider my initial view. I presented my revised position in the amicus brief (pp. 6–10) I recently wrote on behalf of the Washington Legal Foundation and a group of constitutional law scholars.”
reason.tv: “How did a clause intended as a restriction on states wind up giving Congress a green light to regulate noncommercial, local, and purely private behavior? How will ObamaCare stand up against the legal challenges brought by the states? Legal titans John Eastman (Chapman University Law Professor) and Erwin Chemerinsky (Founding Dean, University of California, Irvine School of Law) slug it out to to determine whether or not Congress has been abusing the commerce clause.” | Watch video here.
Reuters: “Online retailer Amazon.com has filed a lawsuit in a federal court to block the North Carolina state government’s demand it disclose all transaction details, including names and addresses, involving state residents, court documents show . . . ”