Will Wickard v. Filburn Save the Health Bills?

Date
2011-12-02
Authors
Harl, Neil
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Iowa State University Digital Repository
Abstract

Only a small group of constitutional scholars would have anticipated that a key agricultural case, Wickard v. Filburn,1 would play an important role in the determination of the constitutionality of the Patient Protection and Affordable Care Act of 2010.2 With the United States Supreme Court announcement on November 14, 2011, granting certiorari in the case of State of Florida v. Health and Human Services,3 to hear the case in the 2011- 2012 term, the decision will likely rank highly in importance for cases heard this century and will likely add luster to the oft-cited case of Wickard v. Filburn.4 Regardless of the side one is on, it is fascinating that a battle waged more than 70 years ago by a small Ohio farmer could have provided some of the guidance for one of the more important judicial decisions of the Twenty-First Century

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