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Congressional Report Casts Doubt on Constitutionality of Obamacare’s Individual Mandate

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Matt Cover
CNS News
Oct 26, 2010

A report from the Congressional Research Service (CRS) casts doubt on the two main arguments used by the Obama administration to defend the individual insurance mandate that is the central component of the controversial health “reform” law.

Published on October 15, the CRS report examines the arguments both for and against the constitutionality of the individual mandate, which requires every American to purchase government-approved health insurance or else pay a fine.

The mandate, to be enforced by the Internal Revenue Service, has been challenged as an unconstitutional overreach of federal authority in a lawsuit filed by Virginia Attorney General Ken Cuccinelli.

The CRS report finds that the two primary defenses of the mandate – that it is a tax and that Congress can impose it under the Commerce Clause – to be problematic.

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This article was posted: Tuesday, October 26, 2010 at 9:39 am

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