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June 01, 2012 3:00 PM Point of Order, Mr. Speaker

By Mark Kleiman

Under which of the enumerated powers of the Congress may it impose criminal sanctions on physicians for the otherwise lawful practice of medicine based on the intentions of their patients?

Anyone who claims that the individual mandate is unconstitutional but a Congressional ban on sex-selective abortion is constitutional must be either a fool or a con artist. That includes the vast majority of the House Republicans, who voted both to challenge the mandate and to pass the sex-selective abortion ban.

Fearless prediction: No substantial right-leaning pundit will complain.

[Cross-posted at The Reality-based Community]

Mark Kleiman is a professor of public policy at the University of California Los Angeles.