JLL, the Patient Protection and Affordable Care Act, and the Supreme Court:

Mathew Danzig

Today, the Supreme Court took up the highly-anticipated challenge to the Patient Protection and Affordable Care Act. Last year, Randy Barnett, who has been at the center of the litigation, wrote a very important article about the constitutionality of the Act in the Journal of Law Liberty.

The article, entitled "Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional," was cited in the following Amici Curiae briefs before the Court:

(1) Brief of Amici Curiae Cato Institute, Competitive Enterprise Institute, Pacific Legal Foundation, 14 Other Organizations, and 333 State Legislators Supporting Respondents (Individual Mandate Issue),
(2) Brief of Amicus Curiae Institute for Justice in Support of Respondents (Minimum Coverage Provision), and
(3) Brief of Former U.S. Department of Justice Officials as Amici Curiae in Support of Respondents (Minimum Coverage Provision).

Professor Barnett's article and speech helped give credibility to the challenge. You can read more about his speech here.