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March 24, 2011

America's most significant health care reform initiative in over 50 years, and the centerpiece of President Obama's domestic policy agenda, has been challenged in federal courts across the country. At the date of this panel, two district courts had pronounced the measure (at least in part) unconstitutional focusing on its individual mandate, while two courts had upheld the measure. Appeals were pending before the Circuit courts, and with more litigation on the way the question may end up before the U.S. Supreme Court. Is the reform constitutional? How is the Supreme Court likely to rule? This panel, involving the nation's leading constitutional law scholars, debated these issues. Panelists: Charles Fried, Laurence H. Tribe, Randy Barnett, I. Glenn Cohen.