Supreme Court: Of Broccoli And Federal Education Mandates
This week's Supreme Court deliberations on the health care mandate is as good a chance as any to remind everyone that there are education implications embedded in the debate over whether Congress has the right to enforce things like health insurance mandates over states and individuals. There was a long New Yorker article making the link to education last summer (here). Justice Thomas in particular has made commerc clause arguments" By Thomas’s reading, Social Security and the National Labor Relations Act, to say nothing of Medicare and Medicaid, might all be unconstitutional," wrote Jeffrey Toobin. Challenges to federal education laws might follow (if Tea Party lawmakers don't repeal them first).