Argument: Individual mandates will be met by individual lawsuits

Issue Report: Constitutionality of US health insurance mandates


Peter Urbanowicz and Dennis G. Smith. “Constitutional implications of an ‘individual mandate'” Federalist Society: “If an individual mandate is passed, it seems likely that courts will be faced with claims from individuals who can afford to purchase health insurance, but who will protest that they should be free to determine whether their earnings are best used for other purposes. Other people may protest they cannot afford to purchase coverage at a price that has been increased by federally-mandated benefits that they neither want nor would choose on their own.”