Pro-ACA Op-Ed

Yesterday the New York Times ran an Op-Ed piece by Harvard Law Professor Einer Elhauge arguing for the constitutionality of the Affordable Care Act under the commerce and necessary and proper clauses. He concludes that “Congress can mandate the purchase of health insurance as long as it conditions that mandate on engagement in some commercial activity” and “even if the [insurance purchase] mandate were not directly authorized under the commerce clause, it is authorized under the necessary and proper clause as rationally related to the constitutional exercise of the power to regulate premiums and prohibit rejecting the sick.”

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