John Yoo on Tribe and ObamaCare
futureofcapitalism.com

U.C. Berkeley law professor John Yoo has quite the takedown of Harvard law professor Laurence Tribe's view of how the Supreme Court will rule on ObamaCare. Libertarian law professor Richard Epstein, who teaches at NYU, adds his own thoughts:

if you can force people to insure others just for living, why not ask them to do anything else under the sun? To my mind there should also be a substantive due process argument here, because I would not regard this form of legislation as appropriate even if done by the states which are not bound by any constitutional doctrine of enumerated powers.

Read More...

John Yoo on Tribe and ObamaCare
futureofcapitalism.com

U.C. Berkeley law professor John Yoo has quite the takedown of Harvard law professor Laurence Tribe's view of how the Supreme Court will rule on ObamaCare. Libertarian law professor Richard Epstein, who teaches at NYU, adds his own thoughts:

if you can force people to insure others just for living, why not ask them to do anything else under the sun? To my mind there should also be a substantive due process argument here, because I would not regard this form of legislation as appropriate even if done by the states which are not bound by any constitutional doctrine of enumerated powers.

Read More...