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:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Democrats Created Impeachment Panic

Friday, 01 Aug 2014 10:22 AM

Republicans and Democrats are consumed in a vicious debate over which party wants to talk about impeachment more. . . .

AP Poll: Less Than Half Think Obama Handling Foreign Policy Well

Friday, 01 Aug 2014 09:51 AM

Foreign policy used to be a bright spot in Americans' dimming opinion of President Barack Obama. Not anymore. Associated . . .

Pot Brownies, Edibles Coming Under Tough New Guidelines

Friday, 01 Aug 2014 09:45 AM

It will soon be easier for people in Colorado who consume pot brownies and other marijuana-laced edibles to know how muc . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

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