Here’s the Justice Department’s brief defending the new health care law’s individual Supreme Court.The arguments track the Obama administration’s arguments before lower courts. In this brief, the DOJ argues that the requirement that uninsured people purchase coverage (with government subsidies) is Constitutional both under Congress’ power to regulate interstate commerce and because the mandate functions as a tax, which the Constitution provides the Congress wide authority to levy.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=102662