The Broccoli Test

The New York Times

November 15, 2011

 

Einer Elhauge, a professor of law at Harvard and the founding director of the Petrie-Flom Center in Health Law Policy, writes that the Affordable Care Act should survive its day in court. “There are, of course, limits to what Congress can do under the commerce clause. If it tried to enact a law requiring Americans to eat broccoli, that would be likely to violate bodily integrity and the right to liberty. But the health insurance mandate does not require Americans to subject themselves to health care. It requires them only to buy insurance to cover the costs of any health care they get.”
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