Archive | Individual Mandate
Judge Graham’s Deft Analysis of Economic Activity
My Jurist Op Ed on the Sixth Circuit Decision Upholding the Individual Mandate
By Ilya Somin on July 1, 2011 3:58 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Taxing and Spending Clause
The Presumption of Constitutionality Revisited
The “Presumption of Constitutionality” and the Individual Mandate Cases
Re: Facial vs. As-Applied Challenges to the Individual Mandate
Judge Sutton on Facial vs. As-Applied Challenges to the Individual Mandate
Today’s Sixth Circuit Decision Upholding the Individual Mandate
By Ilya Somin on June 29, 2011 6:52 pm in Commerce Clause, Health Care, Individual Mandate, Taxes, Taxing and Spending Clause
Judge Sutton on the Individual Mandate
The Incidental Unconstitutionality of the Individual Mandate
By David Kopel on June 24, 2011 7:44 pm in Constitutional History, Constitutional Law, Health Care, Individual Mandate, Necessary and Proper, Originalism
Republican presidential candidates pledge to appoint judges to overturn the unconstitutional anti-abortion law they will sign
By David Kopel on June 18, 2011 4:42 pm in Abortion, Constitutional History, Constitutional Law, Federalism, Fourteenth Amendment, Health Care, Individual Mandate, Judicial Nominations, Originalism, Supreme Court
Hard Cases Make Bad Law – Activity/Inactivity Edition
The individual mandate is neither “necessary” nor “proper”
By David Kopel on May 11, 2011 4:51 pm in Commerce Clause, Constitutional History, Constitutional Law, Individual Mandate, Necessary and Proper
Baffled that Anyone Is Baffled by the Activity/Inactivity Distinction
Sixth Circuit Panel for Health Care Litigation
By Jonathan H. Adler on May 11, 2011 10:33 am in Federalism, Health Care, Individual Mandate, Sixth Circuit