SMU Expert Believes Health Plan Will Survive Lawsuit

By Shelley Kofler, KERA News

Dallas, TX – An expert in health law at Southern Methodist University says it's unlikely Texas and 12 other states will be successful in striking down the nation's new health care law.

The states sued the federal government Tuesday. At the heart of the suit is a claim that the law violates states rights because the U.S. Constitution doesn't give the federal government the authority to require Americans join a healthcare plan or face penalties.

SMU Law Professor Nathan Cortez says the argument might have gotten more traction with the Supreme Court when the late William Rehnquist was Chief Justice.

Cortez: The reason is Rehnquist was a really big states' rights advocate. He was one of the driving forces behind decisions in the 1990's that struck down laws on commerce clause grounds. In striking down the gun free school zones and the violence against women act Rehnquist was a motivating factor. It's not clear, even with a conservative majority on the court whether the court would strike it down.

Professor Cortez says the states may also be trying to slow down implementation of the new law.

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