If you haven't already, please read what Henry Paul Monaghan has to say about the lawsuits challenging the Affordable Care Act. Monaghan is the Harlan Fiske Stone Professor of Constitutional Law at Columbia. He is also a conservative, in the old school, legal sense of the word.
One theme of Monaghan's work is respect for precedent. And that's precisely why, he says, the Court should uphold the Affordable Care Act—even if the justices think it's bad public policy.
If you're keeping score, that's five very prominent, very well-respected conservatives who have argued that the Affordable Care Act is constitutional. The other four are Charles Fried, Laurence Silberman, Jeffrey Sutton, and J. Harvie Wilkinson. Fried, a Harvard Law School professor, was solicitor general during the Reagan Administration. Wilkinson, a sitting federal judge, was on George W. Bush's short list of potential nominees to the Court.
Silberman and Sutton also sit on the federal bench. They made their statements via rulings, when lawsuits challenging the law came before them. "Appellants cannot find real support for their proposed rule in either the text of the Constitution or Supreme Court precedent," Silberman wrote in his decision.
Monday, April 16, 2012
I came across this post by a conservative law professor and I was wondering how many conservatives have defended Obamacare's constitutionality. Steve Benen provides a link that shows there are at least 5:
Posted by Steve J. at 5:58 PM