From the DailyCaller:
A just-released memo from the Congressional Research Service (CRS) raises fresh constitutional concerns about a provision in President Obama’s health-care law that could impose tens of millions of dollars in fines on Congress, state and local governments.
…The new memo from Congress’s research arm states that state and local governments would be on the hook for such fines as well – but argues those fines may be unconstitutional under Supreme Court precedents on federalism.
The issue is important because a slew of states are challenging the health-care law’s legality in court. If governments were found to be exempt in court, a ruling could establish one set of rules for the private sector and another more lenient set for the rapidly expanding public sector.
Specifically, the CRS memo says the health-care law may be unconstitutional under the Tenth Amendment under two legal doctrines the Supreme Court has developed under that constitutional amendment: the “commandeering” doctrine and intergovernmental tax immunity.
(h/t Matt Holdridge)