David Rivkin explains the problem with ObamaCare’s individual mandate.

March 23, 2011
David Rivkin is a partner at Baker & Hostetler LLP and also represented the plaintiffs in the recent Florida v. HHS case. Here he explains why the commerce clause does not apply to ObamaCare’s individual mandate, noting that it violates fundamental principles in the US Constitution and centuries of precedent case law. He claims that the individual mandate is “the single most unconstitutional piece of statute language in our history,” because allowing the government to regulate economic inactivity would allow for federal intervention in virtually every kind of market imaginable.

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