A Nov. 2 CNS article features an interview by CNS editor in chief Terry Jeffrey of Republican Sen. Orrin Hatch, who asserts that such a provision is not "constitutionally justifiable." Another Nov. 2 article, by Fred Lucas attacked White House press secretary Robert Gibbs for having "dismissed concerns that the Constitution does not give the federal government the power to force individuals to purchase items the government wants them to purchase."
While the Lucas article notes that the Congressional Research Service " did not arrive at a definitive answer" on the issue, completely missing from these articles is the view of legal experts who aren't conservative -- or, more to the point, legal experts who disagree with CNS' predetermined conclusion.
As Media Matters notes, University of California-Irvine law professor Erwin Chemerinsky stated, "Under an unbroken line of precedents stretching back 70 years, Congress has the power to regulate activities that, taken cumulatively, have a substantial effect on interstate commerce." And Yale law professor Akhil Reed Amar and Fordham Law School dean William Treanor debunked conservatives' argument that the individual mandate could be considered a "taking" in violation of the Fifth Amendment.