Questionable Medicine—Why Federal Medical Malpractice Reform May Be Unconstitutional

This Note does not pass judgment on competing claims regarding the wisdom or necessity of reforming the medical liability system. Rather, this Note analyzes the constitutional authority that Congress may invoke to enact these reforms. This analysis reveals significant doubts about whether the HEALTH Act can survive scrutiny under the Supreme Court’s more recent pronouncements defining the scope of congressional power under the Commerce Clause.