Health Care & Hospital Law,
Government,
Constitutional Law
Aug. 18, 2011
Health care law should be upheld
As a matter of established law, the individual health care mandate is clearly constitutional.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The decision last Friday by the 11th U.S. Circuit Court of Appeals to declare unconstitutional the individual mandate in the federal Affordable Health Care Law makes it inevitable that the U.S. Supreme Court will decide the issue in its coming term. In a 207 page opinion with an 88 page dissent, the 11th Circuit held that Congress lacked the constitutional authority to require that individuals either purchase health insurance or pay a tax penalty. State of Florida ex rel. Atty. Gen. v. ...
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