Along with the others, I want to thank David for organizing this panel. The great advantage of going last is that the terms of the debate over the Affordable Care Act's constitutionality have been established by the other panelists. As a result, I am going to target my remarks on a few key points, rather than walk through a full dress review of some of the arguments. Like the others, my focus is on existing doctrine. I completely agree with Dean Chemerinsky in thinking that the Supreme Court is not going to change the key parameters of existing analysis, but in any event, my point is that under existing doctrine the challenged provisions are constitutional.
Health Law and Policy | Law
Gillian E. Metzger,
Defense of the Constitutionality of Health Care Reform,
Mercer L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/4070