Professor Paul Bender was quoted recently in an article, "Legal Showdown looming over U.S. health care bill," released by Dolan Media Services.
In the article by reporter Jeremy Duda, Bender said that, if the Arizona Health Care Freedom Act passes, the ballot measure will change the Arizona Constitution in a way that violates the U.S. Constitution.
Bender said the ballot measure would violate the U.S. Constitution's supremacy clause, which establishes the supremacy of federal law over conflicting state laws.
"I do not think that it permits states to opt out of the requirement that everybody have health insurance. If it does not, then this is ineffectual," Bender told Duda. "Whoever's sponsoring this does not understand the federal system."
Read the entire article here.