Ronald Reagan’s former Solicitor General:
“It is improper only if it bumps up against some specific prohibition in the Constitution; and the only prohibitions I can think of that this bumps up against: the Liberty Clauses of the 5th and 14th Amendments, and if that’s so, then not only is Obamacare unconstitutional, but then so is RomneyCare in Massachusetts…”
Say good-bye to 2012, Willard.
Now can we finally get on to some real issues, please, Republicans? Stop wasting everyone’s time.
Where are the jobs?
In a Senate Judiciary Committee hearing today on “The Constitutionality of the Affordable Care Act,” President Ronald Reagan’s former Solicitor General — Harvard Law Professor Charles Fried — tore into the reasoning of Judge Roger Vinson’s decision striking down the Affordable Care Act, saying the issue should be a “no brainer”:
I am quite sure that the health care mandate is constitutional.
Fried does explain that he is “not a partisan” for the Affordable Care Act, and that he has some doubts about whether it is good policy. But Fried’s position on the law’s requirement that all people carry insurance reflects exactly how the Constitution is supposed to operate. Elected officials are supposed to make policy decisions, not judges who have to ignore entire constitutional provisions in order to impose their policy preferences on the law.