Professor Mark Hall (Wake Forest), one of the country's leading experts on health law, has posted his article Commerce Clause Challenges to Health Care Reform (forthcoming U.Penn. L. Rev. 2011) on SSRN. It is an exceptionally well written, well reasoned argument as to why the ACA's minimum essential coverage requirement falls within Congress's commerce power (as augmented by the Necessary and Proper Clause). And it hones in on the argument most think is the government's strongest: even if 1501(b) does not itself regulate interstate commerce, it constitutes an essential component of a broader regulatory scheme that clearly does. Professor Hall also takes on the action-inaction distinction and the various slippery slope arguments. You can access the article here.
An abstract of the article follows the jump.