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The Supreme Court?s Decision About Sexually Dangerous Federal Prisoners: Could It Hold the Key to the Constitutionality of the Individual Mandate to Buy Health Insurance?

By ADF Alliance Alert

Michael C. Dorf writes at Findlaw: "On Monday, in United States v. Comstock, the U.S. Supreme Court upheld the power of the federal government to confine mentally ill, sexually dangerous prisoners beyond the expiration of their criminal sentences. Interesting in its own right, the case also provides a window into the thinking of the various Justices on core questions of federalism. Comstock could thus become an important precedent if and when the Court is asked to rule on the individual mandate to purchase health insurance that was recently adopted as part of the federal health care reform law. Meanwhile, with tea-party activists having organized their movement around the principle of limited government?including, especially, opposition to the individual mandate?questions about Comstock could also play an important role in the upcoming confirmation hearing for Supreme Court nominee Elena Kagan . . . "

Full post as published by Constitutionally Correct on May 19, 2010 (boomark / email).