2010 Archives

SMU experts believe health care plan will survive lawsuit

March 24, 2010

Legal and political experts at SMU said Tuesday it is unlikely Texas and 12 other states will be successful in striking down the nation's new health care law.

The states sued the federal government, claiming the law violates states rights by requiring Americans to join a health care plan or face legal penalties.

SMU Law Professor Nathan Cortez told KERA public radio the argument might have gotten more traction with the Supreme Court when the late William Rehnquist was Chief Justice, but now "it's not clear, even with a conservative majority on the court whether the court would strike it down." Hear the full interview. audio icon

Meanwhile, SMU Political Science Professor Cal Jillson told CNN the Constitution says laws passed by Congress trump state laws. "We've got a very conservative Supreme Court, but they're not about to overturn 200 years of Constitutional history and interpretation and declare that the supremacy clause is no longer in effect," he said. Read the full story.

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