It would be a very odd body of constitutional law if the federal government could make a person act by serving in the military, perhaps at the cost of his life, but be unable to make him do something that affects interstate commerce by simply requiring him to purchase health insurance.
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Section Public Policy Positions
Sunday, March 20, 2011
In a letter to the editor in the April 7, 2011 issue of The New York Review of Books, Professor Francis Barry McCarthy of the University of Pittsburgh School of Law defends the constitutionality of the individual mandate by analogy, concluding,