Legal Commentary

DOMA and the Individual Mandate

By Orin Kerr

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).

Full post as published by The Volokh Conspiracy on February 23, 2011 (boomark / email).