Will Supreme Court Uphold Mandatory Insurance Mandate?

April 29, 2010

Professor of constitutional law argues no.

As reported in the Wall Street Journal, constitutional law professor Randy E. Barnett argues no. The initial argument in favor of the individual mandate was predicated on the premise that Congress had the right to regulate commerce but has since changed direction arguing that Congress has the right to levy taxes. Barnett argues that this tactic will not prevail as the Court is not willing to expand authority to Congress over both commerce and taxes.

The CLASS Act (Community Living Assistance Services and Supports Act) is being referred to as the "Sleeper" provision in the Healthcare Law. Starting in 2011, all working individuals will have premium automatically deducted from their paychecks for long-term insurance UNLESS they opt-out. Individuals must pay into the system 5 years before becoming eligible for benefits ranging from $50 to more than $100 a day to help pay for care if the person develops a disability.

These articles and more can be read in the April 29, 2010 NAHU Newswire.

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