The Constitutionality of the "Deem and Pass" Approach to Enacting Health Care Reform

There is an interesting debate brewing over the constitutionality of the so-called "deem and pass" mechanism (also known as the "Slaughter solution," after Rep. Louise Slaughter) being considered by congressional Democrats for passing the health care reform bill. Jack Balkin explains the "deem and pass" approach and argues that, if done in the right way, it would meet constitutional requirements. In a later post, Balkin also argues that any challenge would likely be thrown out at the threshold as non-justiciable under the "political question" doctrine. Former Judge Michael McConnell argues the other side of the debate. The House Rules Committee, chaired by Rep. Slaughter, issued a memo yesterday in defense of "deem and pass."