With all the storm and fury over the new health care law and its constitutionality, Cornell law prof Michael Dorf, an admirer of the law, argues at length at Justia that the challenges present a relatively unimportant constitutional question and that the real significance of the case is political:
In my view, the ability of Congress to accomplish the functional equivalent of the mandate under its undisputed powers shows why the challenges to the law are misguided. These challenges rest on the empty formalisms of labels and for that reason, they should be rejected.
