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&lt;p&gt;As lawyers go to battle over the new health care law, it&amp;rsquo;s not only federal-state powers that are being questioned but also intra-state authority. As noted in a post on Legal Blog Watch, &amp;ldquo;internal political rifts [are] muddying the waters in at least a couple of states as to whether they wish to participate in the challenge [to the legislation]. In Nevada, the attorney general is resisting the governor&amp;rsquo;s demands to hop on the bandwagon. And in Michigan, vice versa.&amp;rdquo;&lt;/p&gt;&lt;p&gt;Meanwhile, Ohio&amp;rsquo;s attorney general, Richard Cordray, declined to join the lawsuit filed in Florida by 13 state attorneys general, declaring that it is likely to be dismissed: &amp;ldquo;It would require tearing up decades of contrary precedent.&amp;rdquo;&lt;/p&gt;&lt;p&gt;Not everyone agrees. &lt;i&gt;The New York Times&lt;/i&gt; asked four constitutional scholars (from Yale, Georgetown, Columbia and Vanderbilt) and two Baker &amp;amp; Hostetler partners (counsel for the AG plaintiffs in Florida) to address the constitutionality of the requirement that all Americans obtain health insurance coverage (the so-called individual mandate) and whether the courts are likely to strike down the legislation. Summaries of&amp;nbsp;their arguments below:&lt;/p&gt;&lt;p&gt;&lt;b&gt;Jack M. Balkin, Yale Law School:&lt;/b&gt; The mandate is no more than a tax that promotes the general welfare by making health care more accessible and affordable. The Constitution clearly gives Congress power to tax and spend for the general welfare. &amp;ldquo;Opponents of the individual mandate &amp;hellip; are really claiming that it is unconstitutional to make Americans pay taxes.&amp;rdquo; &lt;/p&gt;&lt;p&gt;&lt;b&gt;Randy Barnett, Georgetown Law School:&lt;/b&gt; The mandate is over-reaching and unprecedented. &amp;ldquo;Congress has never before mandated that a citizen enter into an economic transaction with a private company,&amp;rdquo; and the Supreme Court will not uphold a tax that penalizes &amp;ldquo;private citizens who refuse to enter into a contract with a private company.&amp;rdquo;&lt;/p&gt;&lt;p&gt;&lt;b&gt;Abbe R. Gluck, Columbia Law School:&lt;/b&gt; With respect to 10th Amendment objections that the federal government cannot force states to expand their Medicaid programs, &amp;ldquo;The key fact here is that states do not have to participate in Medicaid at all. &amp;hellip; So, if the suing states are so opposed to the Medicaid expansion in the health reform law, they can simply drop the program entirely.&amp;rdquo;&lt;/p&gt;&lt;p&gt;&lt;b&gt;David B. Rivkin and Lee A. Casey, counsel in the Florida lawsuit:&lt;/b&gt; The mandate is &amp;ldquo;in no way necessary&amp;rdquo; for Congress&amp;rsquo; regulation of insurance markets.&amp;nbsp; &amp;ldquo;The mandate is, in fact, a quintessential &amp;lsquo;police power&amp;rsquo; exercise &amp;mdash; a law requiring or forbidding individual action enacted simply because lawmakers consider the measure to be in the public interest.&amp;rdquo;&lt;/p&gt;&lt;p&gt;&lt;b&gt;James F. Blumstein, Vanderbilt Law School:&lt;/b&gt; The individual mandate is a &amp;ldquo;necessary and proper&amp;rdquo; exercise of Congressional authority under the Commerce Clause. If states don&amp;rsquo;t like the new Medicaid conditions, they can drop out of the program. &amp;ldquo;Without Medicaid, former beneficiaries would be eligible for federal subsidies on the new health care exchanges, so they would be able to obtain health coverage at federal cost.&amp;rdquo;&lt;/p&gt;&lt;p align=&quot;right&quot;&gt;- posted by vera&lt;/p&gt;

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