Some Proponents of Obamacare Have Been Selling Constitutional Snake Oil

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Charles E. Rounds, Jr., Suffolk University Law School | Attorney Advertising

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