U.S. Supreme Court,
Constitutional Law
Jul. 10, 2012
Eminent domain and the Obamacare decision
What Congress determines to be a "public use" is "well-nigh conclusive" to the same court that ignored repeated legislative declarations that the individual mandate is a penalty, not a tax.
Gideon Kanner
Professor of Law Emeritus, Loyola Law School
USC Law School
After reading the above title you may think that in juxtaposing these two topics I have gone bonkers. But actually, this is only an illustration of my theory that there appears to be an eminent domain angle to just about everything, as demonstrated by Justice Ruth Bader Ginsburg's concurring opinion in the Obamacare case, National Federation of Independent Businesses v. Sebelius, No. 11-393.
There, at pages 24-25 of the slip opinion, she invokes the law of eminent domain, ...For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In