President Obama’s healthcare proposals face serious legal problems and scholars expect at least some provisions will be ruled unconstitutional.
The legal vulnerability of Obamacare – assuming some version of healthcare reform is passed – stems from the unprecedented powers it grants the federal government.
Constitutional challenges could arise on several fronts: the government’s power to regulate interstate commerce; privacy concerns related to doctor-patient interactions that have their origins in Roe v. Wade; constitutional restrictions on the federal government’s authority to levy taxes; and the plan’s numerous clauses promoting racial preferences.
Andrew P. Napolitano, the former New Jersey Superior Court judge and senior judicial analyst at the Fox News Channel, calls Obamacare “unconstitutional at its core."
ObamaCare is a massive power grab by the Administration and on its face appears unconstitutional. Our Founding Fathers never intended for power to rest in the federal government. While we all agree that health care needs to be reformed, this Administration has shown no interest in any measures that fall short of a government takeover.