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Will the Supreme Court Strike Down Health Care Reform?

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In short, I think it’s highly unlikely.   The big difference between Citizens United and a potential commerce clause challenge is that the Court had a steady trend of being more aggressive in applying First Amendment libertarianism to campaign finance, while its commerce clause jurisprudence hasn’t been trending in this direction, stopping with striking down a silly, redundant gun law and a little-used remedy in fairly important legislation it otherwise left intact.    It’s not, exactly, that the Court wouldn’t contradict what it said in Raich. Rather, it’s that a Court that would strike down health care reform would have continued to strike down more and more important legislation.

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