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The Tough Luck Constitution and the Assault on Healthcare Reform$
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Andrew Koppelman

Print publication date: 2013

Print ISBN-13: 9780199970025

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199970025.001.0001

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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
The Tough Luck Constitution and the Assault on Healthcare Reform
Author(s):

Andrew Koppelman

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199970025.003.0001

This book examines the constitutional challenge to the so-called individual mandate of the Patient Protection and Affordable Care Act of 2010 (ACA), which requires almost everyone to purchase health insurance. It charts the history of health care reform in America and of Supreme Court cases dealing with the regulation of interstate commerce, and how the logic of reform led Congress to choose the individual mandate over other, functionally equivalent but politically impossible ways of delivering near-universal health care. It also considers the appropriate constitutional limits on congressional power, when and how the constitutional objections to the mandate were devised, the Supreme Court's ruling on the issue, and the decision's aftermath. The book argues that the constitutional arguments against the mandate are dubious and explains why.

Keywords:   individual mandate, Patient Protection and Affordable Care Act of 2010, health insurance, health care reform, Supreme Court, interstate commerce, Congress, congressional power, health care, constitutional limits

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