Shifting the Section 3 Officer Argument from ‘Off the Wall’ to ‘On the Wall’
Think back to 2010. The Affordable Care Act was signed into law. Challenges were filed across the country. Each case presented a central question: could Congress mandate that people purchase health insurance? A vigorous debate formed. Some legal scholars, including my colleague Randy Barnett, argued that the federal mandate was beyond Congress’s powers. It was
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