Argument: Insurance mandate unconstitutional only if imprisoning uninsured

Issue Report: Constitutionality of US health insurance mandates


David Orentlicher. “An Individual Mandate to Purchase Health Care Insurance Is Constitutional.” Huffington Post. December 14, 2009: “there are no constitutional barriers to the kind of insurance mandate contemplated by Congress. To be sure, if Congress passed a law whose only provision entailed a mandate for individuals to purchase a product, and violators of the law were automatically subject to incarceration, constitutional concerns would arise.”