Advancing a Free Society

The Libertarian Challenge to ObamaCare

Tuesday, October 19, 2010

For many months, the betting line on the awkwardly named Patient Protection and Affordable Care Act (a.k.a. ObamaCare) was that the New Deal constitutional settlement of 1937 was still in good working order.  Accordingly, the confident prediction was that courts would quickly turn aside any constitutional challenge to the law.  To cut to the chase, ObamaCare neither interferes with individual rights guaranteed under the federal constitution, nor does it exceed the federal government’s broad and capacious power to regulate under the Commerce Clause.  Case closed.

Continue reading Richard Epstein at Forbes.com