We are likely to learn in late June the fate of Obamacare, the term often used by its critics to denote the Affordable Health Care (AHA). People can disagree about the wisdom of this ambitious reform of the U.S. healthcare industry, but I do not think it can reasonably be disputed that the measure exceeds Congress’ power to regulate interstate commerce. The oral argument on March 28 suggests, however, that the five Justices appointed by Republican presidents are sufficiently troubled by the AHA provision mandating individuals to purchase healthcare insurance coverage that they will strike down the mandate and several related provisions.
Two distinct concerns have been raised about the individual mandate, only one of which is directly relevant to the question of Congressional power.
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