Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis
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Staman, jennifer; Brougher, Cynthia; Liu, Edward C.; Lunder, Erika K.; Thomas, Kenneth R.
[Excerpt] This report analyzes certain constitutional issues raised by requiring individuals to purchase health insurance under Congress’s authority under its taxing power or its power to regulate interstate commerce. It also addresses whether the exceptions to the minimum coverage provision to purchase health insurance satisfy First Amendment freedom of religion protections. Finally, this report discusses some of the more publicized legal challenges to ACA, as well additional issues that are currently before the Court.
health care; insurance; Patient Protection and Affordable Care Act; ACA; Congress; insterstate commerce