Is the individual mandate constitutional?

No one knows how this case will turn out, although it doesn’t seem like a slam-dunk for the government anymore.

The standard response is that lowering the age of entry into Medicare to 0 would definitely be constitutional, but I wonder what happens if the Supreme Court just get rid of the individual mandate. The entire legislation was a Rube Goldberg that depended on the mandate to prevent people from getting sick and then buying insurance, never having paid into it when they were healthy. If the mandate is struck down, is that the situation we’re left with?

Yes, Congress would probably step in a protect insurers’ interests, but it’s something to think about.


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