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Somin Files Amicus Brief Challenging Obama Health Care Plan

Professor Ilya Somin is the author of an amicus brief in Virginia v. Sebelius, a case challenging the constitutionality of the Obama health care plan's individual mandate requiring most Americans to purchase health insurance by 2014 or face a fine. The brief was filed on October 4.

Somin wrote the brief, a pro bono project, on behalf of the Washington Legal Foundation, a leading pro-free market public interest law firm. Signers of the brief include 14 prominent constitutional law scholars, including Professor Todd Zywicki of Mason Law. Others include James Ely (Vanderbilt), Kurt Lash (University of Illinois), Gary Lawson (Boston University), Steven Presser (Northwestern), and Steven Willis (University of Florida).

Somin's brief addresses all three provisions of the Constitution that the government claims authorize the mandate: The Commerce Clause, the Tax Clause, and the Necessary and Proper Clause.