The Health Insurance Mandate
Overview of Constitutional Issues
Although the Federal Government provides health coverage for many individuals through Federal programs such as Medicare, it has never required individuals to purchase health insurance until the enactment of the Patient Protection and Affordable Care Act (PPACA) in March of 2010. While a requirement to transfer money to a private party may arise in other contexts (e.g., automobile insurance), it has been noted that these provisions are based on exercising a privilege, like driving a car. Thus, due at least in part to the novelty of this requirement, questions over its constitutionality have been raised, and several lawsuits have challenged…
