From the February 24, 2011 issue

Is Health Care Reform Unconstitutional?

David Cole

cole_1-022411

Can Republicans defeat Obama’s health care bill by persuading the courts that mandatory health insurance is unconstitutional? On December 13, 2010, Henry Hudson, a federal judge in Virginia, declared unconstitutional the central provision of the health care reform law. Judge Hudson reasoned that the law’s command that citizens purchase health care insurance extended beyond Congress’s authority to legislate. It has long been established that Congress may regulate citizens’ economic activities, such as entering into contracts, producing or purchasing goods and services, or shipping goods across state lines. But it is entirely unprecedented, Judge Hudson said, for Congress to regulate “inactivity”—a failure to buy insurance.

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From the Archive: March 20, 2008

Hammersmith Winter

Robin Robertson



It is so cold tonight; too cold for snow,
and yet it snows. Through the drawn curtain
shines the snowlight I remember as a boy,
sitting up at the window watching it fall.
But you’re not here, now, to lead me back
to bed. None of you are. Look at the snow,
I said, to whoever might be near, I’m cold,
would you hold me. Hold me. Let me go.


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Exchange

The Food Movement, Rising’: An Exchange

Kevin Morgan, Joel Berg, and Ellen Finkelpearl, reply by Michael Pollan

To the Editors:

Michael Pollan inadvertently reveals the dangers of the local food movement when he extols its multiple benefits [“The Food Movement, Rising,” NYR, June 10]. In an otherwise excellent article, he claims that “the local food movement wants to decentralize the global economy, if not secede from it altogether.” As it stands, this argument carries two political dangers.

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