HealthLawProf Blog

Editor: Katharine Van Tassel
Creighton University School of Law

Friday, September 9, 2011

Fourth Circuit Judge Recognizes Taxing Power Authority

While a number of law professors have argued that the individual mandate to purchase health care is authorized under the taxing power of Congress, federal judges had uniformly rejected the argument--until two days ago. In a concurring opinion in Liberty University v. Geithner, Judge James Wynn (an Obama nominee) recognized the taxing power as a basis for the individual mandate. (I've discussed the validity of the individual mandate under the taxing power here.)


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