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Brief Amici Curiae of Prescription Policy Choices, Professors of Law, and Professors of Health Policy in Support of Petitioners on the Minimum Coverage Provision in Department of Health & Human Services v. State of Florida

53 Pages Posted: 1 Jun 2012  

Abigail R. Moncrieff

Boston University - School of Law

Kevin Outterson

Boston University School of Law

Kyle Thomson

Office of Chief Counsel, Food and Drug Administration

David Arnold

affiliation not provided to SSRN

Julia Grace Mirabella

Boston University School of Law

Wang Hao

affiliation not provided to SSRN

Date Written: May 22, 2012

Abstract

One purpose of the individual mandate is to eliminate the market for self-insured healthcare transactions. It is well-established in this Court’s precedent that the elimination of an interstate commercial market is a constitutionally legitimate end for Congress to pursue under the Commerce Clause. Under the Necessary and Proper Clause, Congress may use any reasonably adapted means to accomplish constitutionally legitimate ends. The individual mandate is not only reasonably adapted but is quite elegant as a means of eliminating the market for self-insured healthcare transactions. The provision effectively encourages individuals to shift from the inefficient market for self-insured care to its more efficient substitute market for fully-insured care.

The question presented is whether the minimum coverage provision is a valid exercise of Congress’s powers under Article I of the Constitution.

Keywords: Article I, individual mandate, Necessary and Proper Clause, Commerce Clause

JEL Classification: K32, K39

Suggested Citation

Moncrieff, Abigail R. and Outterson, Kevin and Thomson, Kyle and Arnold, David and Mirabella, Julia Grace and Hao, Wang, Brief Amici Curiae of Prescription Policy Choices, Professors of Law, and Professors of Health Policy in Support of Petitioners on the Minimum Coverage Provision in Department of Health & Human Services v. State of Florida (May 22, 2012). Boston Univ. School of Law, Public Law Research Paper No. 12-26; Boston Univ. School of Law, Law and Economics Research Paper No. 12-26. Available at SSRN: https://ssrn.com/abstract=2070625 or http://dx.doi.org/10.2139/ssrn.2070625

Abigail R. Moncrieff (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
#1170D
Boston, MA 02215
United States
617-353-2212 (Phone)

Kevin Outterson

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Kyle Thomson

Office of Chief Counsel, Food and Drug Administration ( email )

5600 Fishers Lane
Rockville, MD 20857-0001
United States

David Arnold

affiliation not provided to SSRN ( email )

Julia Grace Mirabella

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Wang Hao

affiliation not provided to SSRN ( email )

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