Balkin on the “Slaughter Solution”
March 16th, 2010 admin
Stanford’s Michael McConnell thinks the so-called “Slaughter Solution,” through which the House of Representatives to pass the Senate health care bill and a reconciliation package of amendments with a single vote, is unconstitutional. Yale’s Jack Balkin is not so sure . He thinks the “Slaughter Solution” — what he calls “deem-and-pass” — could be done constitutionally, but if the House complies with the applicable constitutional requirements, it might not provide House Democrats with the political cover they seek. He writes, in relevant part: Despite Judge McConnell’s concerns, which are textually well founded, there is a way that “deem and pass” could be done constitutionally. There have to be two separate bills signed by the President: the first one is the…
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