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121 Yale L.J. F. 1 (2011-2012)

handle is hein.journals/yljfor121 and id is 1 raw text is: ANDREW KOPPELMAN Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform' The Supreme Court may be headed for its most dramatic intervention in American politics - and most flagrant abuse of its power - since Bush v. Gore.' Challenges to President Obama's health care law' have started to work their way toward the Court and have been sustained by two Republican-appointed district judges.4 1. A version of this Essay was presented at Healthcare Reform: The Law and Its Implications, a seminar of the American Health Lawyers Association, held in Chicago on December 6, 2010. This Essay consolidates and adds to arguments presented in an earlier series of blog posts. Andrew Koppelman, Can't Think ofAnother One, BALKINIZATION (Dec. 14, 2010, 11:17 AM), http://balkin.blogspot.com/2olo/12/cant-think-of-another-one.html; Andrew Koppelman, Health Care Reform: The Broccoli Objection, BALKINIZATION (Jan. 19, 2011, 4:48 PM), http://balkin.blogspot.com/2oll/ol/ health-care-reform-broccoli-objection.html; Andrew Koppelman, Non Sequiturs in the Florida Health Care Decision, BALKINIZATION (Feb. 2, 2011, 2:42 PM), http://balkin.blogspot.com/2oll/o2/non-sequiturs-in-florida-health-care.html; Andrew Koppelman, The Virginia Court's Bizarre Health Law Decision, BALKINIZATION (Dec. 13, 2010, 5:o1 PM), http://balkin.blogspot.com/2olo/12/virginia-courts-bizarre-health-law.html. 2. 531 U.S. 98 (2000). For defenses of the modest proposition that the Supreme Court is not constitutionally authorized to appoint the President, see, for example, Laurence H. Tribe, eroG v. hsuB and Its Disguises: Freeing Bush v. Gorefrom Its Hall of Mirrors, ni5 HARv. L. REV. 170 (2001). See also Jack M. Balkin, Bush v. Gore and the Boundary Between Law and Politics, no YALE L.J. 1407 (2001). 3. Patient Protection and Affordable Care Act (PPACA), Pub. L. No. 111-148, 124 Stat. 119 (2010), amended by Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111- 152, 124 Stat. 1029 (to be codified primarily in scattered sections of42 U.S.C.). 4. Florida ex rel. Bondi v. U.S. Dep't of Health & Human Servs. (State Attorneys General II), No. 3:10-cV-91, 2011 WL 285683 (N.D. Fla. Jan. 31, 2011); Virginia ex rel. Cuccinelli v. Sebelius (Cuccinellill), 728 F. Supp. 2d 768 (E.D. Va. 2010). Three other district judges-in

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