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The Irrelevance of the Broccoli Argument against the Insurance Mandate

List of authors.
  • Einer Elhauge, J.D.

Those who have legally challenged the Affordable Care Act's individual mandate to obtain health insurance argue that Congress cannot regulate “inactivity.” But Congress does in fact have the power to force purchases.

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Funding and Disclosures

Disclosure forms provided by the author are available with the full text of this article at NEJM.org.

This article (10.1056/NEJMp1113618) was published on December 21, 2011, at NEJM.org.

Author Affiliations

From Harvard Law School, Cambridge, MA.

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