News Headlines Article

Partisan fight endangers courts’ credibility
USA Today

If at first you don’t succeed — file a lawsuit. It’s such a quintessentially American reaction that it’s hard to get too excited about the reflexive reaction of 14 state attorneys general to enactment of the health reform law. They’re going to court to challenge the act’s constitutionality, chiefly the mandate that will require people to buy insurance or risk a fine.

Most constitutional scholars seem dubious that these suits will succeed, given the federal courts’ long history of deference to Congress’ authority to regulate interstate commerce, even when it comes to forcing individuals to do something they’d rather not.