Stephen Davidson in Huffington Post on “The Supreme Court and Health Care Reform”

in Faculty, Markets, Public Policy & Law, News
June 25th, 2012

09-1019-DAVIDSON-025The Huffington Post recently featured the opinion piece “The Supreme Court and Health Care Reform,” by Boston University School of Management’s Stephen M. Davidson, author of the recent book Still Broken: Understanding the U.S. Health Care System.

Davidson writes,

Even close Supreme Court watchers are reluctant to predict what the justices will decide about the constitutionality of the Patient Protection and Affordable Care Act (PPACA). In this relative calm before the rhetoric inevitably escalates—no matter what the decision is—it might be useful to review the case.

First, no one disagrees that the health insurance market is interstate commerce. Article One, Section Eight of the Constitution says that “The Congress shall have Power… To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes… ” The final provision of that section gives Congress the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers… “

So, since health insurance is interstate commerce, and Congress has the power not only to regulate it, but also to make all laws that are “necessary and proper” for executing its power, why isn’t that the end of it?

Read the full piece on the Huffington Post.