Joseph Lochner

The Worst Case
January 19, 2011

Author’s note: Oral arguments are finally over. By the end of this term, we’ll know whether the Supreme Court thinks the Affordable Care Act is constitutional—and, if not, which parts (if any) may survive. But what about the underlying legal theory? What about the claims, made by the health law's critics, that it's an unprecedented and unjustified violation of individual liberty? In late 2010, as these lawsuits were first moving through the courts, I decided to investigate that question, as both a policy and constitutional proposition.