Are there any “limits on Congress's power to regulate individual Americans?” David B. Rivkin and Lee A. Casey, two conservative lawyers that often join forces, say in this WSJ op-ed that this is the pressing question that will have to be answered if the plan to ‘mandate’ that individuals buy health insurance coverage is to be seriously considered.
If such a mandate becomes law, the courts will certainly weigh in on this question. Messrs. Rivkin and Casey conclude that “The Supreme Court has never accepted such a proposition, and it is unlikely to accept it now, even in an area as important as health care.”
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