Cardozo’s Deborah Pearlstein on the Affordable Care Act’s Constitutionality, Future Impact

Following the Supreme Court’s 5-4 decision largely to uphold the Affordable Care Act, much of the commentary by leading constitutional law scholars and practitioners has focused on the longer term consequences of the decision. While celebrating the outcome in the case, many scholars have raised concerns that the Court’s opinions on the scope of Congress’ Commerce and Spending Clause powers give advocates opposing broad federal power new weapons with which to attack future federal legislation.

I’m not convinced that the long-term impact of the Court’s multiple, divided opinions will be that significant. Read the rest of this entry…

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