The Breakdown: An Unconstitutional Mandate?

The Breakdown: An Unconstitutional Mandate?

The Breakdown: An Unconstitutional Mandate?

Fourteen states have filed suit challenging the healthcare overhaul, particularly the individual mandate, as unconstitutional. Christopher Hayes asks Columbia law professor Gillian Metzger whether this argument holds up.

Facebook
Twitter
Email
Flipboard
Pocket
The Breakdown

Late Sunday night, after a full day of raucous floor debate, the House of Representatives voted to pass a (nearly) finalized version of healthcare reform. On Tuesday, President Obama signed the legislation amidst fanfare, relief and a pitch-perfect obscenity, compliments of the vice president. Since its passage, opponents have been finding all possible avenues to obstruct, delay and derail the newly instated law. Many of these attempts are farcical, but one in particular seems to be gaining traction amongst conservative scholars and lawmakers. As of Thursday, attorneys general from fourteen states have filed suit challenging the healthcare overhaul, particularly the provision known as the individual mandate, as unconstitutional. While the argument has certainly stirred rhetorical fervor, the question remains, does it hold up legally? To answer, this week’s The Breakdown With Chris Hayes invites Columbia law professor Gillian Metzger to examine the validity of the constitutionality argument.

Related Links

Go here to read the full transcript of this episode of The Breakdown.
The American Constitution Society provides an in-depth issue brief on the subject.
Yale Professor Jack Balkin makes an argument for the constitutionality of the individual mandate in The New England Journal of Medicine.
Former DOJ Lawyers (under Reagan and George H.W. Bush) provide the legal framework for a constitutional challenge.
Ezra Klein explains the individual mandate.

Can we count on you?

In the coming election, the fate of our democracy and fundamental civil rights are on the ballot. The conservative architects of Project 2025 are scheming to institutionalize Donald Trump’s authoritarian vision across all levels of government if he should win.

We’ve already seen events that fill us with both dread and cautious optimism—throughout it all, The Nation has been a bulwark against misinformation and an advocate for bold, principled perspectives. Our dedicated writers have sat down with Kamala Harris and Bernie Sanders for interviews, unpacked the shallow right-wing populist appeals of J.D. Vance, and debated the pathway for a Democratic victory in November.

Stories like these and the one you just read are vital at this critical juncture in our country’s history. Now more than ever, we need clear-eyed and deeply reported independent journalism to make sense of the headlines and sort fact from fiction. Donate today and join our 160-year legacy of speaking truth to power and uplifting the voices of grassroots advocates.

Throughout 2024 and what is likely the defining election of our lifetimes, we need your support to continue publishing the insightful journalism you rely on.

Thank you,
The Editors of The Nation

Ad Policy
x