The Yale Law Journal

Andrew Koppelman

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Bad News for Everybody: Lawson and Kopel on Health Care Reform and Originalism

Andrew Koppelman

Gary Lawson and David Kopel’s Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate argues, on the basis of recent research, that the Necessary and Proper Clause incorporates norms from eighteenth-century agency law, administrative law, and corporate law, and…

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Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform

Andrew Koppelman

The Supreme Court may be headed for its most dramatic intervention in American politics—and most flagrant abuse of its power—since Bush v. Gore. Challenges to President Obama’s health care law have started to work their way toward the Court and have been sustained by two Republican-appointed distric…