Breaking News

Conservative Law Prof Henry Monaghan argues Obamacare is Constitutional
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Henry Paul Monaghan, a professor of constitutional law at Columbia Law School, is the latest conservative to support the constitutionality of the Affordable Care Act. On a column, he approved of the Supreme Court’s aggressive sequestering of Solicitor General Donald Verrilli.

“The marker for health care is distinctive (if not entirely unique), in several respects,” he wrote. “Virtually all of us will need and obtain health care at some point, but we often cannot predict when or in what ways we will need it. And for the vast majority of us, direct payment for the health care services we obtain would be prohibitively expensive. Yet not obtaining Medicare can be the difference between life and death.”

Having explained the situation, he went on to say that “These features help explain why, unlike many other markets, insurance is the overwhelmingly dominant means of payment in the health care market. They also explain why Congress has required that individuals be given emergency care without regard to their ability to pay. As a result, and again unlike other markets, uninsured individuals who are unable to pay directly for needed medical services necessarily shift the cost of those services to others — to health care providers, the government, individual with insurance and taxpayers.”

  
What
Where


He therefore concluded that, ” The individual health mandate surely passes constitutional muster under settled judicial principles. The Constitution’s Commerce Clause grants Congress the authority “to regulate commerce … among the several States.” … The purported limit on congressional power favored by the mandate’s opponents—between constitutionally permissible regulation of “activity ” and unconstitutional regulation of “inactivity ”—is simply unknown to Commerce Clause jurisprudence, is wholly unworkable, and makes no economic sense. … I recognize that many persons believe the health mandate is very bad legislative policy. But the appropriate judicial response to such a complaint has long been clear. The Court was admirably forthright about the point in its ruling in Munn v. Illinois in 1876: “For protection against abuses by the Legislature, the people must resort to the polls, not the courts.”

Monaghan is known for his highly cited essay, “Our Perfect Constitution,” which criticized activist judges who misuse the constitution to invent individual rights. He also backed Robert Bork, Reagan’s highly conservative choice for the Court.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

RELEVANT JOBS

Civil Associate Attorney

USA-CA-Roseville

Law firm seeking a general civil litigation associate with 5+ years of civil litigation experience. ...

Apply now

Associate Attorney

USA-CA-San Diego

Brightside Law Group is growing! We are looking for an Associate Attorney to join our Special Educat...

Apply now

Associate Attorney

USA-CA-San Diego

Brightside Law Group is growing! We are looking for an Associate Attorney to join our Special Educat...

Apply now

Paralegal / Data Analyst

USA-DC-Washington

Kalijarvi Chuzi Newman & Fitch (KCNF), a boutique employment law firm, seeks a full-time Paralegal t...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Junior to Mid-level Investment Management Associate Attorney

USA-NY-New York City

New York City office of a BCG Attorney Search Top Ranked Law Firm seeks junior to mid-level investme...

Apply Now

Mid-level Debt Finance Associate Attorney

USA-CA-San Francisco

San Francisco office of a BCG Attorney Search Top Ranked Law Firm seeks mid-level debt finance-focus...

Apply Now

Senior Business and Corporate Law Attorney

USA-CA-Murrieta

Murrieta office of our client seeks a senior business and corporate law attorney with 3+ years of bu...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top