On March 26-27, 2012, the Supreme Court heard oral argument in U.S. Department of Health and Human Services v. Florida, which is one of three cases before the Court involving the Patient Protection and Affordable Care Act of 2010, sometimes referred to as Obamacare or the Healthcare Act. This case presents the question whether Congress has power under the Constitution to require that virtually all Americans either obtain health insurance or pay a penalty. This requirement is commonly referred to as the individual mandate.
The case also raises the question whether the Anti-Injunction Act prohibits a challenge to the validity of the Healthcare Act until the individual mandate takes effect in 2014. This question will be the subject of a separate podcast.
To discuss the individual mandate we have Ilya Somin, who is an Associate Professor at the George Mason University School of Law, and Orin Kerr, who is a Professor of Law at the George Washington University Law School.