Professor Stephen B. Presser’s Reaction to SCOTUS Allowing a Separate Legal Challenge to ObamaCare
The U.S. Supreme Court is allowing a separate legal challenge to ObamaCare to go forward that had been stopped at the appeals court level. The Court has ordered the U.S. 4th Circuit Court of Appeals in Richmond to hear arguments on the constitutionality of two key provisions of ObamaCare: they include the employer mandate and the contraception mandate.
Stephen B. Presser, professor of law at Northwestern University: “It is very difficult to see the Affordable Care Act (ACA) as anything but an extraordinary case of overreach on the part of the federal government, a blatant ignoring of our tradition that the federal government ought to be one of limited and enumerated powers. Chief Justice Roberts’s astonishing repudiation of this tradition in his opinion for the Court upholding the Act was a surprise, and, for many of us, a betrayal of a fundamental principle of our Constitutional scheme. We can only hope that this case, which is likely to end up once again before the United States Supreme Court, will give that Court in general, and Justice Roberts in particular, an opportunity to correct the error of its recent ways.”