Wednesday, June 13, 2012
Sam Estreicher just published another excellent article in the New York Law Journal on June 13, 2012, here. In this relatively short article-especially for Sam, Professor Estreicher outlines the major arguments in support of Obamacare. Namely Congress regulates us all the time and he gives an example of having to wear seat belts.
Professor Estreicher is clearly concerned that the Supremes may over-turn Obamacare based upon his analysis of the Justices comments during oral argument.
In any event, what makes health care different is that you do no choose health. Yes, Congress regulates seat belts, but you do not have drive that car.
Whether this makes a difference for constitutional purposes, we will shortly find out. I hope Professor Estreicher is right.
Mitchell H. Rubinstein