Federalism, Lochner, and the Individual Mandate

Does the Individual Mandate Coerce?

The individual mandate and patient-centered care.

ONE YEAR AFTER THE HISTORIC PASSAGE OF THE AFfordable Care Act (ACA), the individual mandate is subject to ongoing scrutiny both by the federal courts and Congress. This provision of the ACA would require most individuals to purchase health insurance, and recent attention has focused on the important legal issues associated with such a mandate. However, far less attention has been devoted to th...

The constitutionality of the individual mandate.

Buying health care, the individual mandate, and the Constitution.

10.1056/nejmp1005897 nejm.org 1 Litigation has a Rashomon-like quality to it: two sides meet in a courtroom and each presents its case, arguing not only that abstract legal principles favor its cause, but equally important, that its version of the event that gave rise to the dispute should be the filter through which the court decides the matter. Three separate cases raising constitutional chal...

The constitutionality of the individual mandate for health insurance.