Health-care Mandate not Just, but Neccessary?
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Office of Communications and Public Relations
March 29, 2011
Professor Mark Hall of the Wake Forest University School of Law, in an article for the University of Pennsylvania Law Review, says there would be constitutional “uncertainty over the mandate in isolation.”
But it is “inextricably intertwined” with Obamacare’s “other insurance regulations” — e.g., those pertaining to pre-existing conditions — “which indisputably are constitutional.” Obamacare does indeed require the mandate: Because the law requires insurance companies to sell coverage to people regardless of their pre-existing conditions, many people might delay buying insurance until they become sick. The question remains: Does Congress’ power to regulate interstate commerce entitle it to create a health care regime that requires the mandate?
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