Will ObamaCare be More or Less Appealing before the Supreme Court?
The Law & Economics of the Individual Mandate

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Several appellate court cases challenging the Affordable Care Act of 2010 and its individual mandate to purchase health insurance have been decided this summer with mixed results. More are on the way soon. The Supreme Court remains likely to choose to review at least some of them during its 2011-2012 term. At this forum, distinguished constitutional law scholars and health policy researchers will examine what we have learned thus far from the appellate litigation, with a particular focus on what is a “necessary and proper” extension of the federal commerce power, whether sufficient evidence of “cost shifting” helps to justify it, when new federal mandates to expand Medicaid might become too coercive to state governments, and how the nine Supreme Court justices might view the constitutionality of the new health law.
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