Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, February 22, 2011

Questioning the constitutionality of the individual mandate

In this new paper, I seek to provide *part* of a Catholic context for countering *some* of the overly simple libertarian opposition to the individual mandate component of the Obama healthcare legislation.  I haven't made up my mind concerning whether or not legislation that depends on the individual mandate for its financial viability was/is *prudent* (I am dubious that more "insurance" is the solution to the current healthcare problem), and I certainly object to many aspects of the current legislation (many of the them earlier addressed by the USCCB).  I do think, though, that some of the arguments offered against the constitutionality of the individual mandate, above all Randy Barnett's (the focus of my paper), deserve resistance on authentically Catholic grounds.



Brennan, Patrick | Permalink

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