Comments on: Defending the Individual Mandate

By: Who’s Afraid of the Virginia Challenge to Healthcare Reform? : Organon

Who’s Afraid of the Virginia Challenge to Healthcare Reform? : Organon — Thu, 05 Aug 2010 04:09:27 +0000

[...] I can’t say I strongly disagree with either of those propositions, even though I believe the mandate should ultimately be found constitutional. But nevertheless there are signs of trouble ahead. As Professor Balkin writes, Judge Hudson clearly “tipped his hand [as sympathizing with the challengers] in the way he describes the case,” framing the issue as whether the federal government can force individuals to participate in commerce and collapsing the taxing power argument into the commerce power argument. [...]

By: Conflating Legal and Political Arguments : Organon

Conflating Legal and Political Arguments : Organon — Wed, 21 Jul 2010 03:57:32 +0000

[...] my post yesterday, I criticized Robert Pear’s Sunday NYT article for eliding commerce power arguments [...]

By: Wonk Room » On Whether The Individal Mandate Is A Tax

Wonk Room » On Whether The Individal Mandate Is A Tax — Tue, 20 Jul 2010 19:53:46 +0000

[...] Frakt points to this post by Jim Hufford who argues that conservatives misunderstood Robert Pear’s big health care [...]

By: Another reason not to worry about the constitutionality of the individual mandate | The Incidental Economist

Tue, 20 Jul 2010 09:13:23 +0000

[...] defense of the individual mandate, which hinges on the government’s power to collect taxes. Jim Hufford breaks it down: [Even if] the commerce clause argument gives the mandate’s challengers a leg to [...]