The primary policy justification for the individual mandate is that it reduces the costs of preventing insurers from denying coverage for preexisting conditions. It reduces, but does not elminate, these costs because the mandate is too small to provide an adequate incentive for healthy uninsured or under-insured to purchase mandated coverage. This past week Merrill […]
Archive | Health Care
Video of Madison, Wisconsin Federalist Society Panel on the Individual Mandate Litigation
The Wisconsin Eye website has posted a video of a recent Madison, Wisconsin Federalist Society panel on the individual mandate, in which I spoke along with Wisconsin Attorney General J.B. Van Hollen and Democratic state representative Jon Richards (who defended the constitutionality of the mandate). Enjoy! UPDATE: University of Wisconsin lawprof and well-known blogger Ann […]
Broccoli, Slippery Slopes, and the Individual Mandate
By Ilya Somin on January 25, 2011 3:26 pm in Federalism, Health Care, Individual Mandate, Libertarian Paternalism, Paternalism
Opponents of the constitutionality of the individual mandate have emphasized that upholding the mandate would give Congress the power to mandate virtually anything, including forcing people to eat broccoli. Northwestern law professor Andrew Koppelman appears to agree, but argues that this slippery slope is nothing to worry about: One of the most rhetorically effective arguments […]
Upcoming Talks in Madison, Wisconsin on the Individual Mandate and Property Rights
By Ilya Somin on January 24, 2011 10:06 pm in Blight, Eminent Domain, Federalism, Federalist Society, Health Care, Individual Mandate, Kelo, Post-Kelo Reform, Property Rights
This Wednesday, I will be giving two talks in Madison, Wisconsin. One, sponsored by the Federalist Society Lawyers Division, will be at a panel on the Obamacare individual mandate litigation. The other two panelists are Wisconsin Attorney General J.B. Van Hollen (Wisconsin recently became one of the 28 states challenging the mandate in court) and […]
Upcoming Talk at the National Conference on Health Care Reform
For those who may be interested, I will be speaking about the individual mandate litigation this Thursday on a panel at the National Congress on Health Reform conference at the Ritz Carlton in Washington, DC. The panel runs from 4:30-6 PM and will also include Wake Forest law professor Mark Hall (who will defend the […]
Number of States Challenging the Constitutionality of Obamacare Rises to 28
Six additional states just joined the Florida-led lawsuit challenging the constitutionality of the health care bill enacted last year, bringing the total number of states taking part in that suit to 26: The political sea change marked by the November elections on Tuesday pulled six more states into Florida’s lawsuit challenging the national health care […]
More on Boycotts, Inactivity, and the Commerce Clause
At Prawfsblawg, Carlton Larson responds to my critique of his argument that federal regulation of strikes and consumer boycotts are regulations of inactivity similar to the Obamacare individual mandate. Larson doesn’t comment on my discussion of strikes. But he does take issue with my analysis of boycotts, which noted that boycotts qualify as “economic activity” […]
The Health Insurance Industry and the Individual Mandate
At Balkinization, Yale law professor Jack Balkin emphasizes the fact that the health insurance industry supports the Obama health care bill’s individual mandate requiring most Americans to buy health insurance. This is not at all surprising. Is there any industry that wouldn’t support a law requiring people to buy its products? If Congress passed a […]
Activity, Inactivity, and Strikes
By Ilya Somin on January 16, 2011 11:49 pm in Commerce Clause, Federalism, Health Care, Individual Mandate
One of the key arguments in Obamacare individual mandate is that the federal government lacks the power to regulate inactivity, and therefore cannot force people to buy products they don’t want, including health insurance. At Prawfsblawg, law professor Carlton Larson argues that the federal government already regulates inactivity because, in some cases, it forbids strikes: […]
Kansas Seeks to Join Anti-Obamacare Lawsuit, Bringing the Number of States Challenging the Law to 26
By Ilya Somin on January 13, 2011 11:27 pm in Federalism, Health Care, Individual Mandate, Public Opinion, Supreme Court
The state of Kansas recently asked to join the lawsuit challenging the constitutionality of the Obama health care plan filed by 20 state governments and the National Federation of Independent Business. Ohio, Wisconsin, and Wyoming are also seeking to join the multistate lawsuit, while Virginia and Oklahoma have filed separate challenges to the law. That […]
Supreme Court Refuses to Hear Potentially Important Commerce Clause Case
By Ilya Somin on January 11, 2011 10:10 pm in Commerce Clause, Federalism, Health Care, Individual Mandate
Yesterday, the Supreme Court refused to hear United States v. Alderman, a potentially important Commerce Clause case [HT: Josh Blackman]. In Alderman, the Ninth Circuit Court of Appeals had upheld the constitutionality of a federal statute that banned the possession of body armor by felons. The Ninth Circuit relied on the Supreme Court’s 1977 decision […]
Our Amicus Brief in the Thomas More Law Center Individual Mandate Case
By Ilya Somin on December 30, 2010 10:21 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Taxes, Taxing and Spending Clause
For those who may be interested, I have written an amicus brief in Thomas More Law Center v. Obama, one of the cases challenging the constitutionality of the Obama health care bill’s individual mandate. I wrote the brief on behalf of the Washington Legal Foundation and twelve members of the House of Representatives. It is […]
More “Life Imitates ‘Rehabilitating Lochner'”
By David Bernstein on December 27, 2010 9:39 pm in Constitutional History, Constitutional Law, Health Care, Rehabilitating Lochner
In a previous post, I noted that in my forthcoming book, I point out that academics invented the notion of a “Lochner era” in which the U.S. Supreme Court was single-mindedly determined to invalidate all manner of economic regulation. In doing so, they conflated a host of different constitutional provisions–due process, commerce clause, nondelegation doctrine, […]
My Appearance on C*SPAN’s Washington Journal
By Randy Barnett on December 19, 2010 4:47 pm in Commerce Clause, Constitutional Law, Health Care, Uncategorized
Here is my discussion of the constitutionality of the individual mandate with Simon Lazarus on C*SPAN’s Washington Journal this morning: I was a little frustrated with the format. Lazarus, who is a perfectly nice man, was able to make long speech-like points, but because the host then moved to a phone call or tweet without […]
Linda Greenhouse on the Individual Mandate Litigation and the “End” of the “Federalism Revolution”
By Ilya Somin on December 17, 2010 4:36 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Necessary and Proper
Famed Supreme Court reporter Linda Greenhouse has a very uneven New York Times blog post on the individual mandate litigation and the Supreme Court’s federalism jurisprudence. Some of her points are at least reasonable. For example, I too think it’s quite possible that the Supreme Court will ultimately uphold the mandate; I even agree with […]