The Oath: The Obama White House and the Supreme Court - Study Guide Part Five, Chapters 21-23, Summary & Analysis

Jeffrey Toobin
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Obama bet his political career on Obamacare and conservatives fought him at every turn, including in the courts, arguing the mandate was unconstitutional, an argument that did not exist until very recently. In preparation for legal challenges, Elena Kagan in a private email supported attempts to build a counterargument. The key conservative argument is that the commerce clause of Article I of the Constitution, which authorizes Congress to regulate commerce between the states, was meant to have a limited scope such that Congress was only permitted to regulate commerce when it concerned interstate economic transactions, not any transaction at all, especially not forcing people to buy private health insurance. For decades every act of Congress had passed the test. A threat to this wide reading threatened the activist government vision of many liberals.

Obama's lawyer, Neal Katyal, held that...

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This section contains 1,013 words
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Buy The Oath: The Obama White House and the Supreme Court Study Guide
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The Oath: The Obama White House and the Supreme Court from Nonfiction Classics for Students. ©2005-2006 Thomson Gale, a part of the Thomson Corporation. All rights reserved.
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