Newswise — Michael C. Dorf, professor, Cornell University Law School, discusses potential constitutional issues raised by Sunday’s passage of health reform legislation in the House of Representatives.
He says:
“During the year-long debate over the health care bill, a smorgasbord of constitutional issues was added to the policy mix. These included federalism and other objections to the individual mandate, concerns about the constitutionality of the Senate cloture rule and the ‘deem and pass’ procedure considered but rejected by the House of Representatives. Oddest of all, the issue has been raised of the possibility that states might revive the nullification option rejected during the 19th century.
Some of those issues are now moot, but others will move to state legislatures, courts, and the public sphere more broadly. In my view, the constitutional objections are unsound, but the people will ultimately have the last word.”
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