Geof Stone on Justices and Commerce Clause in ACA Ruling (#UChiLawSCt)

Professor criticizes justices
John Flynn Rooney
Chicago Daily Law Bulletin
July 11, 2012

Geoffrey R. Stone, a University of Chicago Law School professor, called the recent U.S. Supreme Court's health-care ruling troubling because five justices held that President Barack Obama's individual insurance mandate lacks standing under the Commerce Clause.

Late last month, the Supreme Court, in a 5-4 decision with the swing vote coming from Chief Justice John G. Roberts, affirmed the legislation's core requirement that most Americans receive health insurance.

The majority voted that Obama's insurance mandate lacks standing under the Commerce Clause because people who fail to buy insurance don't engage in economic activity. But the majority upheld the mandate and its penalty as an exercise of the federal government's taxing power.

Faculty: 
Geoffrey R. Stone

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Health Care

Can't we have a more complete an