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Posted by on Jul 19, 2010 in Health care, Legal, Legislation

When Is a Health-Insurance Mandate Constitutional? When It’s Associated With a Pena—Er, Tax

When Is a Health-Insurance Mandate Constitutional? When It’s Associated With a Pena—Er, Tax

Constitution.jpg

As predicted, more or less, by Yale’s Jack Balkin in January’s NEJM, the T word is hauled out to defend the constitutionality of ObamaCare’s health-insurance mandate.

In fact, in one of the many legal cases protesting the insurance mandate (and the associated penalty for not having insurance), Balkin and others rebutted with an amicus brief that argues the T point. The NYT has the story.

bmartin (1130 Posts)

A native East Tennessean, Barbara Martin is a formerly practicing, board-certified neurologist who received her BS (psychology, summa cum laude) and MD from Duke University before completing her postgraduate training (internship, residency, fellowship) at the Hospital of the University of Pennsylvania in Philadelphia. She has worked in academia, private practice, medical publishing, drug market research, and continuing medical education (CME). For the last 3 years, she has worked in a freelance capacity as a medical writer, analyst, and consultant. Follow Dr. Barbara Martin on and Twitter.