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Even Before House Vote On Healthcare Bill, Legal Challenges Loom

Publication Date: 
March 19, 2010
Source: 
The Christian Science Monitor
Author: 
Warren Richey

Professor Michael McConnell, an expert on constitutional law, is quoted on the constitutionality of using the Slaughter solution to pass the health care reform bill in Congress. Warren Richey of the Christian Science Monitor:

As congressional leaders and the White House push to attract the remaining votes needed to pass a healthcare reform measure this weekend, opponents are poised to take their fight to the courts, and potentially all the way to the US Supreme Court.

The mounting drama on Capitol Hill could extend far beyond the political, economic, and national policy implications of healthcare reform. It could set the stage for a major showdown over the meaning of a key constitutional provision.

...

Former Appeals Court Judge and Stanford Law Prof. Michael McConnell says it violates the requirement in Article I Section 7 that a bill “pass” both houses.

“The Slaughter solution attempts to allow the House to pass the Senate bill, plus a bill amending it, with a single vote,” Professor McConnell wrote recently in The Wall Street Journal. “The senators would then vote only on the amendatory bill. But this means that no single bill will have passed both houses in the same form.”