Elizabeth Wydra, chief counsel at the Constitutional Accountability Center who believes the mandate is constitutional, said [Justice] Kennedy is unlikely to believe the argument made by the 26 states..."If he applies precedent, he'll feel comfortable that both the minimum coverage provision is constitutional under the Commerce Clause power based on precedent like Raich and not fall into the trap that many opponents of the act have set: that if you uphold the minimum coverage provision, there will be no limits on the Commerce Clause power," Wydra said.
CAC In the News
Critics say that’s not his only overreach. Doug Kendall, president of the Constitutional Accountability Center, a Washington group that calls the Constitution a “progressive” document, said Lee highlights portions that support his philosophy while seeking to alter or reinterpret elsewhere in the document....“His very career has depended upon politicizing the Constitution.”
In the friend of the court brief, the legislators argue “that it clearly respects the federal-state partnership on health care and that any attempt to reverse the law belongs in the political arena, not in the courts.”
The legislators are with the Working Group of State Legislators for Health Reform in conjunction with the Constitutional Accountability Center and Progressive States Network.
The fate of President Barack Obama’s health-care law may hinge on the administration’s ability to enlist an unlikely ally: Justice Antonin Scalia, the pillar of the U.S. Supreme Court’s conservative wing.
In an amicus brief, 539 largely Democratic state legislators affiliated with the Working Group of State Legislators for Health Reform, and in partnership with the Constitutional Accountability Center and the Progressive States Network, outlined their legal defense of the Medicaid expansion.