Professor Mark Hall assesses survival of Affordable Care Act

As the presidential candidates clash over the fate of the Affordable Care Act, a set of seven essays by leading legal experts, economists, and scholars examines the implications of the Supreme Court’s decision on the ACA and makes it clear that there is no consensus about what is economically or morally just when it comes to health care coverage in this country. The essays appear in the Hastings Center Report.*

While the essays provide a range of perspectives, a few common themes emerge. Foremost among them is that the individual mandate may not work as it stands.

Mark A. Hall, a professor of law and public health at Wake Forest University, argues that the Court “significantly weakened the individual mandate” by allowing Americans to opt out of insurance coverage if they are willing to pay a tax. This tax penalty leaves the mandate vulnerable because Congress could repeal it through the budget reconciliation process, he says.

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