Health Care & Hospital Law
Mar. 31, 2010
The Constitutional Labyrinth of the Health Care Law
Joerg Knipprath of Southwestern Law School discusses the constitutional challenges facing the new federal heath care law.
The attorneys-general of 14 states have filed suits over the constitutionality of the new federal health care law (the "Act"). Leaving aside potential problems of standing to sue on their own behalf or on behalf of their citizens, the most salient challenge on the merits is to the individual mandate that requires the public to purchase insurance and, in the alternative, fines those who refuse.
Congress purport...
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