White House Shifts Strategy in Defense of Obamacare

Friday, 16 Mar 2012 02:50 PM

By Dan Weil

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink
The Obama administration has shifted the legal arguments it’s using to defend the 2010 healthcare law, as the March 26 start date for Supreme Court oral arguments over Obamacare approaches.

Some legal experts tell The Hill that the change could help make Justice Antonin Scalia, a presumed opponent of Obamacare, more amenable to the law’s requirement that individuals buy health insurance.

Until now, the Justice Department has defended that mandate as its own regulation of economic activity, but now it’s arguing that the mandate is an essential part of a broader regulatory regime, The Hill reports. That means the White House has moved the focus of its defense to the Necessary and Proper Clause of the Constitution, which empowers Congress to make laws that are necessary for carrying out its other powers, from the Commerce Clause, which grants the federal government the authority to regulate interstate commerce.

“The minimum coverage provision is ... necessary to achieve Congress’s concededly valid objective of reforming the interstate market in health insurance,” the Justice Department said in its first Supreme Court brief on the individual mandate’s legality, according to The Hill.

A ruling against the mandate would make it virtually impossible to put other elements of Obamacare into place.



© 2014 Newsmax. All rights reserved.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Nancy Teeters, First Woman on Federal Reserve Board, Dies at 84

Sunday, 23 Nov 2014 15:51 PM

Nancy Teeters, who in 1978 became the first woman on the Federal Reserve Board of Governors, then continued to stand out . . .

Boy With Fake Gun Fatally Shot by Ohio Officer

Sunday, 23 Nov 2014 15:49 PM

A 12-year-old boy shot by Cleveland police after apparently grabbing what turned out to be a replica gun died from his w . . .

University of Virginia Suspends Fraternities After Rape Report

Sunday, 23 Nov 2014 14:34 PM

The University of Virginia suspended its fraternities and related social activities until Jan. 9 after an alleged 2012 g . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved