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Warnken on the New Health Care Law

Appeals Court

Professor Byron Warnken was asked to speak to WBAL radio about the new health care law an its constitutionality, now that it has made its way to the Supreme Court.  Warnken, a veteran Supreme Court litigator, spoke of the highly unusual nature of the Court hearing six hours of argument.

The case, in Warnken’s opinion, comes down to an issue of the tenth amendment vs. the commerce clause.  Warnken followed up his appearance on WBAL with a blog post.  He said, “Generally speaking, those who favor a big federal government want a broad Commerce Clause and a small Tenth Amendment, and those who favor a small federal government want a small Commerce Clause and a broad Tenth Amendment.”  Read Warnken on Health Care and the Supreme Court.