Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Brief

Publication Date

1-13-2012

Language

en-US

Abstract

One purpose of the individual mandate is to eliminate the market for self-insured healthcare transactions. It is well-established in this Court’s precedent that the elimination of an interstate commercial market is a constitutionally legitimate end for Congress to pursue under the Commerce Clause. Under the Necessary and Proper Clause, Congress may use any reasonably adapted means to accomplish constitutionally legitimate ends. The individual mandate is not only reasonably adapted but is quite elegant as a means of eliminating the market for self-insured healthcare transactions. The provision effectively encourages individuals to shift from the inefficient market for self-insured care to its more efficient substitute market for fully-insured care.

Comments

[principal author under supervision of Professor M. Kevin Outterson and with students David J. Arnold, Julia G. Mirabella, Kyle Thomson, and Hao Wang]

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