Argument: Uninsured effect interstate commerce by raising premiums

Issue Report: Constitutionality of US health insurance mandates


“Does an Individual Mandate Violate the Constitution?” Journal of Health Law and Policy. August 17, 2009: “the action of refusal actually has an effect on interstate commerce, because in shrinking the risk pool of insured the premiums would incrementally rise.”

Erwin Chemerinsky. The Federalist Society Online Debate Series: Individual Health Care Insurance Mandate Debate. November 3, 2009 November 6th, 2009: “the choice whether to purchase or not purchase health insurance is an economic decision and constitutes economic activity. If I decide to buy or not buy something, that is economic activity. Those not purchasing health insurance have a substantial effect on interstate commerce.”

Jonathan Chait. “The New Republic: The Individual Mandate Backlash.” The New Republic. December 16th, 2010: “Those who forego health insurance are forcing the rest of us to cover their costs if they exercise their right to be treated in an emergency room. They are also forcing the rest of us to pay higher insurance rates, now that insurance companies can no longer exclude those with preexisting conditions. That, of course, is exactly why conservatives supported it for so long.”