Conservative lawyers David Rivkin and Lee Casey are at it again -- arguing that a healthcare mandate would violate the Constitution. Last month, the duo wrote an op-ed in the Washington Post that made the same arguments. That essay failed to take hold among among constitutional law theorists. Now, they are trying again. Unfortunately, they are still wrong.
I have addressed this issue in two blog essays:
Is Healthcare Reform "Unconstitutional"? No -- Why Rivkin and Casey Are Wrong
More Hot Air from "Hot Air": Implies Healthcare Reform Unconstitutional
Conservative Jonathan Adler has reiterated his disagreement as well:
Is Obama Care Unconstitutional? - Part Deux.