On March 23, President Obama signed into law the 2,400-page “Patient Protection and Affordable Care Act.” That same day, the attorneys general of 13 states filed suit in federal court in Florida, and the attorney general of Virginia filed suit in that state, all challenging the constitutionality of the act.
These lawsuits raise a number of constitutional law issues. But their main focus is on the act’s insurance mandate, which requires all citizens and legal residents to have health insurance. For those refusing to purchase it, the federal government imposes penalties which gradually increase over time to the greater of $2,250 per family or 2 percent of household income. The legal challenges contend that forcing individuals to purchase health insurance or pay a tax penalty is beyond the Article I, section 8 Commerce Clause and tax and spend powers of Congress, and thus unconstitutional.
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