Orin Kerr raises an interesting point:
If the Obama Administration won’t defend the constitutionality of the Defense of Marriage Act, what are the chances that a future Republican administration would defend the constitutionality of the individual mandate? To my mind, this adds a very interesting wrinkle to the individual mandate litigation (and, more broadly, to the role of the Executive Branch in defending statutes in the future).
Share this Article
Like this Article
Print this ArticlePrint Article