UW expert: McKenna health care lawsuit 'meritless'

Seattle PI ^

[Chet 99]

Stewart Jay, the University of Washington law professor and constitutional expert, has this to say about Attorney General Rob McKenna's lawsuit over the new federal health care law: "If it's not frivolous, it's close to frivolous."

"Unless the U.S. Supreme Court is willing to fundamentally change the way constitutional law has been interpreted for the last seven decades, the lawsuit has no merit. By that I mean that this kind of program - which is essentially a taxing and spending program - this kind of program has been consistently upheld since 1937," Jay said in an interview Monday.

McKenna has joined other GOP attorneys general around the county in filing a lawsuit to block portions of the new bill, specifically the mandate that individuals buy private insurance. McKenna says the new federal law violates the 10th Amendment and the Commerce Clause.

Jay, who will take part in a roundtable discussion of the new law Tuesday at 4 p.m. on the UW campus at William H. Gates Hall, said the 1930s era High Court rejected challenges to government-mandated Social Security and federal unemployment insurance and that those cases have bearing on the health care challenge.

"In both those cases, the states or people objected. They said they were being coerced, they didn't have a choice. The Supreme Court flatly rejected those arguments," Jay said. "Since 1937 there has not been a single program struck down that is a taxing and spending program."

[Chet 99]

I bet this jackass didn’t see the Heller decision coming either.

[FlingWingFlyer]

A liberal whining about “frivolous lawsuits”. That’s weird.

[TV Dinners]

I saw “University” “Law” and “Professor” and just knew this would be full of liberal drivel...

[tet68]

“Since 1937 there has not been a single program struck down that is a taxing and spending program.”

Yeah Jay, and look where we are.

[Nateman]

It’s sad that people like him exist, worse yet that have so called credentials.

[BookmanTheJanitor]

His bio ....Professor Jay has taught at the UW law school since 1980. Prior to coming to Washington he taught at the University of North Carolina for two years. Before entering teaching, Professor Jay clerked for two years, first with the U.S. District Court for the District of Columbia and then for U.S. Supreme Court Justice Warren E. Burger. His teaching and research interests include constitutional law and constitutional history. Professor Jay is the author of Most Humble Servants: The Advisory Role of Early Judges (Yale 1997). He has worked extensively to assure the reproductive rights of women, particularly access to safe and legal abortions. During 1984-85 he was a visiting professor at Georgetown University Law Center.

[ZirconEncrustedTweezers]

Yup, sounds like a leftard to me...

[Buchal]

It looks like we have to close down all the education schools to get competent teachers, and close down all the law schools to get competent lawyers and judges.

[OldMissileer]

SS and Unemployment are not the same as this.

With them, if you do not work you do not have to pay but with this health care crap as soon as a person is born there is a liability created that someone has to pay to the worthless Government.

BIG difference. Every human now has to pay a royalty to the Government just to exist, or else go to jail.

[FormerACLUmember]

Leftist partisan denounces resistance to Soviet Coup.

[John Valentine]

Yup, sounds like a leftard to me...

Take a look at his photo. This guy is NO DOUBT a leftard.

He is also a wannabe clown, judging by his "do".

[castlebrew]

He was my Con Law instructor in my Master’s Program (Strategic Planning for Critical Infrastructure). Needless to say, we had some interesting discussions, esp. re: 2nd Amdt. A worthy opponent - really forced me to think through the bases for my principles and defensibly articulate my positions

But I did get a pretty darned good grade on my final paper, after all that.

And I think he’s holding onto the wrong straw in this case. A “tax” is something imposed on the fruits of production or commerce. A ‘penalty’ is something imposed for failure to obey the law (like exceeding the speed limit, or not renewing a car license, or paying taxes).

[dalebert]

most states are already covering the uninsured so i dont see how the feds can come in and take over forcing their citizens to citizens to buy a product...but of course they have had us paying for all their bs products for a long timw.

[NurdlyPeon]

It's so reassuring to know that this UW clown knows more about the law than the Attorneys General of 16 states.

[Psycho_Bunny]

Hey. Don’t question. He was a clerk.

[Rome2000]

Thanks anyway Stewie, but we’ll wait for the courts decision, and if necessary appeal it all the way to the SCOTUS, if you don’t mind.

[JayVee]

It would appear as though this man has had even less contact with the real world than the average lawyer. He has never apperently practiced law, or argued a case. Aside from clerking, his background is entirely in academia. how in the hell do you become a professor with no background in your field?

[Jet Jaguar]

ping

[ncalburt]

I thought this really vile Seattle PI went under?