The national media has been seeking Professor Garnett’s views on a federal district court’s recent decision declaring the new health care law unconstitutional. First, Professor Garnett told NPR’s Nina Totenberg that, while it’s too early to know whether the ruling will be upheld on appeal, arguments against the law’s constitutionality must now be taken more seriously. “If an argument wins in the district court level,” Professor Garnett said, “that, to me, signals that at the very least it’s plausible. And plausible arguments need to be engaged.” You can listen to Nina Totenberg’s full report by clicking here.
Meanwhile, the Wall Street Journal wanted to know whether an appeal of Monday’s ruling could possibly go straight to the U.S. Supreme Court. In response, Professor Garnett noted that because two other federal appellate courts are already reviewing lawsuits over the health care law, “I think the court is likely to have that opportunity.”