SMU experts believe health care plan will survive lawsuit
Professors Nathan Cortez and Cal Jillson cast doubt on the possible success of a lawsuit challenging the new health care law.
Legal and political experts at SMU said TuesdayÌýit is unlikely Texas and 12 other states will be successful in striking down the nation's new health care law.
The states sued the federal government, claimingÌýtheÌýlaw violates states rights by requiring Americans toÌýjoin a health care plan or face legal penalties.
SMU Law Professor Nathan CortezÌýtold KERA public radioÌýthe argument might have gotten more traction with the Supreme Court when the late William Rehnquist was Chief Justice, but now "it's not clear, even with a conservative majority on the court whether the court would strike it down."Ìý
Meanwhile, SMU Political Science Professor Cal Jillson told CNN the Constitution says laws passed by Congress trump state laws. "We've got a very conservative Supreme Court, but they're not about to overturn 200 years of Constitutional history and interpretation and declare that the supremacy clause is no longer in effect," he said. .
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