Scalia a health care swing vote? Obama administration not counting out conservative justices

In three weeks, the Supreme Court will entertain arguments over President Obama’s health care law. At the heart of the entire law is the individual mandate, which requires every American to have health insurance coverage or pay a penalty.

Though Justice Anthony Kennedy is often viewed as the swing vote on the current court, the administration isn’t counting out the possibility it could win its case by persuading one of the so-called conservatives.

In its briefs, the administration has frequently quoted from a 2005 opinion written by Justice Antonin Scalia. In that case, Scalia wrote that Congress may use its authority under the Commerce Clause — pertaining to interstate commerce — to regulate an individual who wanted to grow medicinal marijuana at home and then sell it.

The Commerce Clause is, of course, the basis for the government’s position that the individual mandate is constitutional.

GET MORE STORIES LIKE THIS

IN YOUR INBOX!

Sign up for our daily email and get the stories everyone is talking about.

Uncategorized

Previous post

Holder defends killings of American citizens overseas as part of war on terrorism

Next post

$9: Price for a Month's Supply of Birth Control Pills at Target 3 Miles from Georgetown Law

Join the conversation!

We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse.