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Akron Univ. School of Law

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Wednesday, November 16, 2011

Einer Elhauge on Medicare as Broccoli

Must-read op-ed closing the loop between the Individual Mandate and Medicare, here, noting:

Opponents of the new mandate complain that if Congress can force us to buy health insurance, it can force us to buy anything. They frequently raise the specter that Congress might require us to buy broccoli in order to make us healthier. However, that fear would remain even if you accepted their constitutional argument, because their argument would allow Congress to force us to buy broccoli as long as it was careful to phrase the law to say that “anyone who has ever engaged in any activity affecting commerce must buy broccoli.”

The only problem is that there may just be a majority of this SCOTUS prepared to say "you should have been more careful." [NPT]

http://lawprofessors.typepad.com/healthlawprof_blog/2011/11/einer-elhauge-on-medicare-as-broccoli.html

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