Let the Lawyering Commence…

So, you might have heard, a little think called HEALTH CARE REFORM was recently passed by the political folks in Washington.  You might have been clued in by the mass media coverage… even your grandmother is talking about it.

So if you think all the partisan shouting is over, well we’re sorry to disappoint.

When this new bill goes into law, we will enter a new phase of fighting.. we will be entering a proverbial Thunder-dome of legal wrestling.

We will be entering…The courts!

Pat Wechsler at Bloomburg tells us what’s coming:

Twelve states plan to challenge the constitutionality of the health-care overhaul passed yesterday by the U.S. House, according to statements made today.

Adam Winkler at The Daily Beast tells us what the court challenges are all about:

The argument against the health-care bill focuses on the so-called individual mandate. This is the part of the bill that tries to push everyone into the health- insurance market, including young, healthy people who otherwise might go uninsured.

The WaPo gives us a close-up on one of these groups planning to challenge the new law, the private Virginia school Liberty University. The dean, Mathew Staver says:

Congress clearly lacks the constitutional authority to force individuals to have, or private businesses to provide, health insurance. Congress’ attempt to force health insurance coverage on the nation is a stunning example of what Congress cannot do.

John Schwartz at the NYTimes gives insight to the effects of these challenges:

But constitutional scholars suggest that such cases would likely amount to no more than a speed bump for health care legislation…The reason, they say, is that Congress has framed the mandate as a tax, which it has well-established powers to create.

The Volokh Conspriacy points us to public opinion:

Rasmussen Reports has just released a poll purporting to show that 49 percent of likely voters favor state litigation against the individual mandate, while 37 percent are opposed.

So what do YOU think? Is there a Constitutional challenge here?