Government Essentially Concedes Commerce Clause Challenge to Obamacare, Calls Individual Mandate a Tax
By Ilya Shapiro
This Sunday’s New York Times had a fascinating story about how the defense of the individual mandate has shifted from the Commerce Clause — even though the law itself is replete with boilerplate about “economic activity” — to Congress’s taxing power. Here’s the first paragraph (h/t Jonathan Adler):
When Congress required most Americans to obtain health insurance [...]
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