On Mandates and Precedent
“Altogether, this means that, if it is to be consistent, the Supreme Court has no choice but to uphold the constitutionality of Obamacare’s purchase mandate. Not only are such purchase mandates not unprecedented, but a purchase mandate with a strikingly similar rationale has affirmatively been approved by all but two members of the current Court.”
— Emily Bass and Einer Elhauge, “Even the Most Conservative Supreme Court Justices Have Already Declared Mandates Constitutional”
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