Congress Can Mandate Health Insurance, US Says

Law360, New York (April 4, 2011, 6:31 PM EDT) -- Congress has the authority under the Constitution's commerce clause to enact a mandate requiring most people to buy health insurance or pay a penalty, the U.S. argued to the Eleventh Circuit on Friday.

In a 110-page brief filed in the U.S. Court of Appeals for the Eleventh Circuit, the U.S. argued it could enact the Patient Protection and Affordable Care Act's individual mandate because the commerce clause allows it to regulate conduct that has a substantial impact on interstate commerce.

The U.S. is fighting a Jan....
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