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Employee Benefits Attorney Louise Pongracz Comments on New York Times Article about the Supreme Court's Pending Ruling on the Health Care Law's Individual Mandate

June 18, 2012

Willig, Williams & Davidson employee benefits attorney Louise “Wendy” Pongracz commented on The New York Times’ June 17, 2012, article titled, “Expect Big Changes, No Matter the Ruling.” To read the full article, go to Expect Big Changes, No Matter the Ruling. Pongracz’s comments on the article are included below.

“Leaving the predictions aside, may we please let us stop with the nonsense about how enforcing the mandate would ‘turn the Constitution on its head.’ The two opinions issued by U.S. Courts of Appeal upholding the mandate were authored by two of the best known conservative jurists in the nation, Lawrence Silberman (D.C. Circuit) and Jeffrey Sutton (6th Circuit). As Judge Silberman wrote in Evensky v. Holder: ‘Appellants’ view that an individual cannot be subject to Commerce Clause regulation absent voluntary, affirmative acts that enter him or her into, or affect, the interstate market expresses a concern for individual liberty that seems more redolent of Due Process Clause arguments.’ As these two fine and very conservative justices have concluded, no Constitutional crisis will ensue if the mandate is upheld. ENOUGH!” Louise F. Pongracz

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