Necessary and Proper': Obama Admin to Shift Health Care Defense

The Obama administration is preparing to present its case in support of the president's health care law before the U.S. Supreme Court. Rather than stick with its original arguments, the administration appears to be shifting its defense in an effort to more readily court support for the individual mandate. The Hill has more:

Some legal experts say the shift could steer the case in a direction that would make Justice Antonin Scalia more likely to uphold the healthcare law’s mandate requiring individuals to purchase health insurance.

Oral arguments in the landmark case are set to begin March 26, and the justices are expected to give a ruling in June, just months before the presidential election. [...]

Justice has aggressively defended the mandate as its own regulation of economic activity, but is now stepping up a separate argument emphasizing that the mandate is part of a broader regulatory scheme.

The shift moves the focus of Justice’s argument from the Commerce Clause of the Constitution to the Necessary and Proper Clause, which says Congress can make laws that are necessary for carrying out its other powers.

Briefs show that the administration may argue that the health care law is attempting to reform the overall health care system -- something that may be more palatable under its new defense. Read more about the administration's shifting tactics here.