Super Lawyers
William C. Altreuter

Monday, June 25, 2012

"Democrats will confine the unfortunate to many forms of deprivation, but not deprivation of basic medical care. Republicans will. The GOP is the only mainstream political party in the advanced world to hold this stance". Here's how it goes: people like everything about the Affordable Care Act except the mandate, and their dislike of the mandate is largely because they are misinformed. The whole thing collapses-- covering children up to the age of 26, eliminating denial of coverage for preexisting conditions, Medicaid extensions, the works-- without it. The constitutional objection turns on an essentially political rejection of well-settled law, but don't think that there aren't five justices capable of doing that. Then think about stare decisis generally. What won't they find unconstitutional if they dislike it? The whole deal with constitutional jurisprudence is that it is supposed to be a coherent, reasoned analysis, built on precedent rather than prejudice. That's not what I'm seeing happening at all.

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