The Breakdown: An Unconstitutional Mandate?

The Breakdown: An Unconstitutional Mandate?

The Breakdown: An Unconstitutional Mandate?

Fourteen states have filed suit challenging the healthcare overhaul, particularly the individual mandate, as unconstitutional. Christopher Hayes asks Columbia law professor Gillian Metzger whether this argument holds up.

Facebook
Twitter
Email
Flipboard
Pocket
The Breakdown

Late Sunday night, after a full day of raucous floor debate, the House of Representatives voted to pass a (nearly) finalized version of healthcare reform. On Tuesday, President Obama signed the legislation amidst fanfare, relief and a pitch-perfect obscenity, compliments of the vice president. Since its passage, opponents have been finding all possible avenues to obstruct, delay and derail the newly instated law. Many of these attempts are farcical, but one in particular seems to be gaining traction amongst conservative scholars and lawmakers. As of Thursday, attorneys general from fourteen states have filed suit challenging the healthcare overhaul, particularly the provision known as the individual mandate, as unconstitutional. While the argument has certainly stirred rhetorical fervor, the question remains, does it hold up legally? To answer, this week’s The Breakdown With Chris Hayes invites Columbia law professor Gillian Metzger to examine the validity of the constitutionality argument.

Related Links

Go here to read the full transcript of this episode of The Breakdown.
The American Constitution Society provides an in-depth issue brief on the subject.
Yale Professor Jack Balkin makes an argument for the constitutionality of the individual mandate in The New England Journal of Medicine.
Former DOJ Lawyers (under Reagan and George H.W. Bush) provide the legal framework for a constitutional challenge.
Ezra Klein explains the individual mandate.

Thank you for reading The Nation!

We hope you enjoyed the story you just read. It’s just one of many examples of incisive, deeply-reported journalism we publish—journalism that shifts the needle on important issues, uncovers malfeasance and corruption, and uplifts voices and perspectives that often go unheard in mainstream media. For nearly 160 years, The Nation has spoken truth to power and shone a light on issues that would otherwise be swept under the rug.

In a critical election year as well as a time of media austerity, independent journalism needs your continued support. The best way to do this is with a recurring donation. This month, we are asking readers like you who value truth and democracy to step up and support The Nation with a monthly contribution. We call these monthly donors Sustainers, a small but mighty group of supporters who ensure our team of writers, editors, and fact-checkers have the resources they need to report on breaking news, investigative feature stories that often take weeks or months to report, and much more.

There’s a lot to talk about in the coming months, from the presidential election and Supreme Court battles to the fight for bodily autonomy. We’ll cover all these issues and more, but this is only made possible with support from sustaining donors. Donate today—any amount you can spare each month is appreciated, even just the price of a cup of coffee.

The Nation does not bow to the interests of a corporate owner or advertisers—we answer only to readers like you who make our work possible. Set up a recurring donation today and ensure we can continue to hold the powerful accountable.

Thank you for your generosity.

Ad Policy
x