August 5 – SCOTUSblog
Professor Steven D. Schwinn authored essay:
Constitutional arguments against the Affordable Care Act (ACA) have centered principally around congressional authority under the Commerce Clause. Thus opponents of the ACA, both in litigation and in the public sphere, have argued that the individual health insurance mandate exceeds congressional authority under the Commerce Clause, because the mandate is not a regulation (it is a requirement) and because those regulated are not engaged in commerce (they are inert). These arguments are novel and ahistorical, representing nothing less than a bald-faced attempt to rewrite the Constitution in a libertarian image.
Read More: The ACA and the 10th Amendment