Turning the ACA Into Sausage at the Supreme Court

By: Tuesday March 27, 2012 7:25 pm

The Supreme Court heard oral argument on the requirement that people have health insurance, the mandate. Transcript and audio version here. One of the issues was the constitutional limits on the powers of Congress under the Commerce Clause. Article I, § 8 gives Congress the power: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” In recent times, this clause has been given a broad interpretation, but there are limits.

The Difficulty of the Adminstration Splitting Hairs on the Mandate

By: Tuesday March 27, 2012 2:50 pm

I think nothing better illustrates how poorly the oral arguments went for the Obama administration today than this exchange where Solicitor General Donald Verrilli Jr. tried to claim the individual mandate to buy insurance is not actually a government “purchase mandate,” apparently trying to avoid the appearance of overreaching on the scope of the Commerce clause. The result was a muddle.

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