US & World

Law professor says legal challenges to health care law won't stand

Listen to story

Download this story 0.0MB

Ninety days ago, President Obama signed health care reform legislation into law. Attorneys general from more than a dozen states have filed lawsuits to challenge its constitutionality.

Those who oppose the new health care law argue that the federal government doesn’t have the authority to require all Americans to buy health insurance.

Georgetown law professor Tim Westmoreland predicts that their argument won’t hold up in court. He says the federal government has the ability to affect anything having to do with interstate commerce. "I think there’s no question that both health and health insurance are clearly an interstate commerce. And the Supreme Court’s precedence of this are quite far reaching."

Westmoreland says the Civil War settled arguments about states’ rights – including the right to regulate insurance. Westmoreland also serves as counsel to Democrats on the House Energy and Commerce Committee that wrote the health care reform legislation.