ACA Doesn't Breach 5th Amendment, DC Circ. Rules

Law360, New York (March 07, 2014, 5:06 PM ET) -- The D.C. Circuit on Friday rejected the latest legal argument against the constitutionality of the Affordable Care Act’s individual mandate, saying Fifth Amendment protections against seizing private property aren’t violated just because some consumers pay insurance premiums that effectively subsidize other policyholders.

In their decision, judges cited a century-old U.S. Supreme Court ruling in Brushaber v. Union Pacific, which said that taxes can only be struck down as illegitimate takings if they are so arbitrary as to obviously be tantamount to confiscating property.

The individual mandate,...
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