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Necessary and Proper Clause

Health Care Hearings -- What to Listen for (Part 1 of 2)

Lyle Denniston | Posted 05.21.2012 | Politics
Lyle Denniston

As the new health care law has made its way through the federal courts, two very clear but conflicting story lines may shape the constitutional fate of the individual mandate - the heart of the new Act.

Legal Forecast: The Supreme Court Won't Strike Health Reform - Part I

Douglas L. McSwain | Posted 01.30.2012 | Politics
Douglas L. McSwain

The legal forecast for the Affordable Care Act -- "Obamacare" -- is partly sunny. While the Supreme Court recently accepted the Act for review, it's not expected to hurl lightning bolts striking down any part of the Act. (Of course, this is only a prediction.)

The "Individual Mandate" and the Constitution -- Purely a Matter of Timing.

Paul Abrams | Posted 11.23.2011 | Politics
Paul Abrams

The 2012 elections will propel the merits of the individual mandate cases to the forefront of our political dialogue for at least the next 14 months, it is worth removing the smoke and noise from the constitutional argument so that everyone can clearly identify the issue.