|
As has been noted before, the Constitutional argument is weak....both in terms of the taxing powers and the commerce clause....even many conservative Constitutional lawyers admit as much.
But it might make an interesting case....if it ever gets to the Supreme Court.
And, it probably wont happen any time soon.
First, there is the question of legal standing. Do the Republican State AGs (most of whom probably want to run for governor in the future) even have legal standing to sue?
They (and the state) are not the potentially injured party. That would be the persons forced to buy insurance or pay the tax.
And then, can those potentially injured parties sue before they are injured? That is, before they are forced into buying insurance or paying and tax, which wont happen until 2014.
__________________
"The perfect is the enemy of the good."
~ Voltaire
|