Home > Uncategorized > Igor Volsky – 35 Economists File Brief In Health Reform Challenge: Individual Mandate Is ‘Necessary’ And ‘Appropriate’

Igor Volsky – 35 Economists File Brief In Health Reform Challenge: Individual Mandate Is ‘Necessary’ And ‘Appropriate’

From the Wonk Room:

35 Economists File Brief In Health Reform Challenge: Individual Mandate Is ‘Necessary’ And ‘Appropriate’

Thirty-five economists have filed a friend-of-the-court brief in the Florida-led multi-sate lawsuit challenging the constitutionality of the Affordable Care Act. The Florida case alleges that the law’s minimum coverage requirement — also known as the individual mandate — represents an “unprecedented encroachment on the liberty of individuals living in the Plaintiffs’ respective states” and violates the Commerce Clause of the Constitution. “The Act is directed to a lack of or failure to engage in activity that is driven by the choices of individual Americans. Such inactivity by its nature cannot be deemed to be in commerce or to have any substantial effect on commerce, whether interstate or otherwise,” the suit contends. “As a result, the Act cannot be upheld under the Commerce Clause, Const. art. I, § 8.” In October, U.S. District Court Judge Roger Vinson dismissed three of the Plaintiff’s claims, but allowed their challenge to the law’s minimum coverage provision and a separate complaint about the law’s Medicaid expansion provision to move forward.

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