The Consitutionality of the Individual Mandate

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Uploaded by on Dec 2, 2011

Since the Affordable Care Act was passed, numerous lawsuits have been filed arguing that the federal mandate that individuals obtain health insurance is unconstitutional. Three appeals courts have issued mixed rulings, and the matter will probably ultimately be decided by the Supreme Court. In this video roundtable, Wendy Mariner moderates a discussion between legal scholars Jack Balkin and Ilya Somin focusing on the relevant constitutional issues.

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  • At the end of the day, we have to work together to pay for all this care and the universal mandate was simply one solution. What other solutions would you recommend?

  • Is it constitional for health care providers to work for free in our nation’s emergency rooms? Is it constitutional for our health care system to have to shift costs because of EMTALA just to keep its doors open? Our nation’s health care providers do not have the “choice” to not provide care in an emergency room, is that constitutional? We of course have a moral duty to any patient who needs our care and thank Heavens we don’t turn away people from our hospitals when they really need us.

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