Virginia v. Sebelius

I must say that I do not find Judge Hudson’s opinion convincing.  Not only does he misread M’Culloch v. Maryland, as Orin Kerr points out over on Volokh, but the Judge more or less reasons that because the individual mandate is unprecedented it is unconstitutional.  That is plainly wrong.  I am close to finishing a Symposium draft on this question, which I will post as soon as it is ready.

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1 Response

  1. anon says:

    The judge reasoned that it exceeds the commerce clause and is thus unconstitutional. Snarking won’t make it go away, especially now that conservatives can snark “the constitution means what the courts say it does”.