The New Health Dialogue

A Blog from New America's Health Policy Program

HEALTH REFORM: The Constitution and the Individual Mandate

Published:  October 15, 2010
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With legal challenges to the health care reform legislation moving ahead, we asked Tony Cardona, who did several great guest posts for us over the summer on the legal dimensions of health policy, to write us a longer brief on some of the Constitutional questions -- specifically about the individual mandate and the question about whether the penalty for not buying "minimum essential coverage" is a tax. He lays out the legal arguments and judicial history in a way that we found both enlightening and accessible -- and concludes that the Obama administration has the law on its side.  Read the full brief here.

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