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Constitutional Challenges To Health Care Reform

Law360 (February 7, 2011, 2:22 PM EST) -- “May you live in interesting times” – ancient Chinese curse

Whether the Patient Protection and Affordable Care Act squares with the U.S. Constitution is a hotbed of federal court litigation, already involving over 20 lawsuits including challenges by dozens of state attorneys general and governors.

The suits center on whether the “individual mandate” set forth in § 1501 of the act violates the Commerce Clause in the Constitution. The “individual mandate,” effective in 2014, will require most American citizens and U.S. residents to buy health insurance...
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