Some Proponents of Obamacare Have Been Selling Constitutional Snake Oil


In a letter to the editor of The Wall Street Journal (April 26, 2012, at A14), Charles E. Rounds, Jr. refutes the suggestion made by Prof. Alan S. Blinder of Princeton University in an April 20, 2012 op-ed in the same paper that one has a positive constitutional right to affordable health care. Rounds' letter is reprinted in its entirety in Section I of this posting. In the run-up to the recent oral arguments before the U.S. Supreme Court on the constitutionality of Obamacare, politicians, jurists, and others were floating the suggestion that if Obamacare were held to be unconstitutional, Social Security would be next. In Section II of this posting, Rounds explains why Obamacare and Social Security are not legally analogous. Section 9.9.3 of Loring and Rounds: A Trustee's Handbook (2012) is paraphrased and elaborated upon in Section II of this posting.

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Charles E. Rounds, Jr.
Suffolk University Law School

Professor of Law, Suffolk University Law School. Tenure granted: 1990. Author: Loring and... View Profile »

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