When Is a Health-Insurance Mandate Constitutional? When It's Associated With a Pena—Er, Tax
As predicted, more or less, by Yale's Jack Balkin in January's NEJM, the T word is hauled out to defend the constitutionality of ObamaCare's health-insurance mandate.
In fact, in one of the many legal cases protesting the insurance mandate (and the associated penalty for not having insurance), Balkin and others rebutted with an amicus brief that argues the T point. The NYT has the story.
