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individual mandate

Why the Courts Must Presume that Economic Legislation is Constitutional

April 6, 2012

In yesterday's post I cited abundant authority in support of the principle that the courts must defer to the judgment of Congress in reviewing the constitutionality of economic legislation. Decisions under the Due Process, Equal Protection Clause, Spending Clause, and Commerce Clause all reveal the same idea, that the courts lack the power to second-guess [...]

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Oral Argument on the Individual Mandate: Justice Kennedy's Questions

March 27, 2012

In this post I set forth all of the questions that Justice Kennedy asked the three attorneys at oral argument today in the health care case. Evaluate for yourself which way this "swing justice" is tending.

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2011-2012 Supreme Court Term: Oral Argument by Amicus Curiae on the Anti-Injunction Act

March 26, 2012

The Supreme Court heard oral argument today on the issue of whether the Anti-Injunction Act applies to the individual mandate of the Affordable Care Act.  The transcript of oral argument is available here.  The bottom line is that it looks like the Supreme Court will proceed to the merits and decide whether the individual mandate [...]

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Eleventh Circuit to Hear Oral Argument in Health Care Case Today

June 8, 2011

The Eleventh Circuit will hear oral argument in Florida v. United States Department of Health and Human Services this morning to consider the constitutionality of the Affordable Care Act.

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Health Care Financing Reform (130): Oral Argument Before the Sixth Circuit in Thomas More Law Center v. Obama

June 2, 2011

The Sixth Circuit heard oral argument in Thomas More Law Center v. Obama yesterday on the constitutionality of the Patient Protection and Affordable Care Act. 

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Health Care Financing Reform (128): Reaction Across the Political Spectrum to Mitt Romney's Speech

May 13, 2011

Mitt Romney, a leading candidate for the Republican presidential nomination, delivered a major address on health care yesterday.  This post contains links to reactions to his speech from both left and right.

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Health Care Financing Reform (124): Florida District Court Decision Striking Down Health Care Reform Law

February 1, 2011

     Here is yesterday's 78-page ruling by Judge Roger Vinson declaring the Patient Protection and Affordable Care Act unconstitutional.  My initial impressions follow.

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Health Care Financing Reform (120): Judge Hudson's Order in the Virginia Case

December 14, 2010

     In yesterday's post I described the decision of Judge Henry Hudson in Virginia v. Sibelius, in which the judge ruled that the individual mandate contained in the PPACA is unconstitutional.  There remains one other portion of his opinion to discuss – the unusual order that he entered as a result of his decision.

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Health Care Financing Reform (119): Virginia Federal Court Strikes Down Individual Mandate in Health Care Reform Act

December 13, 2010

     Judge Henry Hudson of the Federal District Court for the Eastern District of Virginia has declared an important provision of the Patient Protection and Affordable Care Act unconstitutional.

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Health Care Financing Reform (117): Florida District Court Finds that Individual Mandate Was Not Enacted Pursuant to Taxing Power

October 17, 2010

     Florida State Attorney General Bill McCollum and other parties brought this lawsuit alleging that the Patient Protection and Affordable Care Act violates the constitution.  As reported in yesterday's post, in his ruling on October 14 Judge Roger Vinson of the federal District Court for the Central District of Florida dismissed four of Florida's arguments, but [...]

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Constitutional Challenges to Individual Mandate Moving Forward

October 3, 2010

     The lawsuits by several governors and state attorneys general challenging the constitutionality of a key component of the health care reform legislation are moving forward.

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Health Care Financing Reform: (114) Was the Individual Mandate Originally a Republican Idea?

March 31, 2010

     The heart of the health care reform bill is the "individual mandate," the requirement that every person must either purchase health insurance or pay a tax.  Low income persons are exempt from the requirement, and lower middle income persons will receive subsidies if they have to purchase insurance in the non-group market.  Although the [...]

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