The Obama administration has never offered a principled explanation of how to square the health-care law's individual mandate with the Constitution. If Congress can force us to buy health insurance, what can’t it order us to buy?
The US Supreme Court today heard arguments today on what may be the most important constitutional case in a generation. Some of the nation’s top attorneys are debating the Patient Protection and Affordable Care Act, often known as Obamacare.
The eventual ruling could chart the boundaries of federal power for generations to come – not only for health care, but across the policy spectrum.
A major focus of the Supreme Court hearings is the individual mandate – the law’s requirement that almost all Americans who aren’t covered by employers must purchase a health-care plan, whether they want to or not.
The plaintiffs – including 26 states as well as individuals and businesses – argue that Congress has no authority to force people to buy insurance. Most Americans agree: A recent Gallup poll found that 72 percent – including 56 percent of Democrats – consider the mandate unconstitutional.
Obama administration attorneys counter that Article I, Section 8 of the Constitution, known as “the commerce clause” – giving Congress power to “regulate commerce among the several states” – is more than expansive enough to validate the mandate.
They rely on a list of Supreme Court precedents that stretch the definition of “interstate commerce” pretty far.
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