Argument: Insurance mandates can be unprecedented and still constitutional
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Randy Barnett. "Is Health Insurance Mandate Constitutional?" The Volokh Conspiracy. December 9, 2009: "I realize this may seem counter-intuitive to many readers, but consider this. Anything that has never been done before is literally unprecedented, which means it lacks any precedent. So the question is, will the Supreme Court want to authorize this new extension of congressional power in light of the fact that it violates the first principles it affirmed in Lopez and Morrison? Or, to the contrary, will it want to take the opportunity reaffirm that these principles still apply, notwithstanding Raich, in a case with no further implications beyond the statute in question?"