In 2010, Congress enacted the Patient Protection and Affordable Care Act (the Act), which aimed to increase the number of Americans covered by health insurance and decrease the cost of health care. The Act required most Americans either to maintain health insurance coverage, or pay a “penalty” to the IRS. This provision was commonly referred to as the “individual mandate.” The logic was that, if everyone—even healthy young people—had health insurance, health care costs would go down for all.

On the day President Obama signed the Act into law, 13 states challenged it, alleging that neither the Constitution’s Commerce provision nor its Taxing Clause gave Congress the authority to enact the individual mandate. Both the federal district court and the appeals court agreed. The Supreme Court granted certiorari.

Questions:

1. Did Congress have the power to make every American purchase health insurance?

2. Where is the Commerce Clause found?

3. What was the Court’s opinion of the Commerce Clause as justification for the “individual mandate”?

4. What Congressional power did the Court determine justified the “individual mandate?”