Professor Coan told WRN that the decision could energize opponents of the law, who have long claimed the act was unconstitutional. However, the judge's decision not to enter an injunction limits the immediate impact of the decision.
WRN is not the only media outlet to have enlisted Professor Coan's constitutional law expertise on what is shaping up to be "the biggest constitutional law dispute in the country." The Milwaukee Journal Sentinel also talked to Professor Coan.
Some opponents of the health care law focus on the so-called "individual mandate," a provision of the law that would require everyone to have some form of health insurance. They say that while Congress has some authority to regulate economic activity, it lacks the authority to regulate this kind of economic inactivity.
Professor Coan said that distinction might be irrelevant if regulating inactivity is necessary to make Congress's regulation effective.
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Submitted by UW Law School News on December 15, 2010
This article appears in the categories: In the Media