Boston University School of Law

Brief Amici Curiae of Prescription Policy Choices, Professors of Law, and Professors of Health Policy
in Support of Petitioners on the Minimum Coverage Provision
in Department of Health & Huamn Services v. State of Florida

Boston University School of Law Working Paper 12-26
(May 22, 2012)


Abigail Moncrieff

Boston University School of Law

Kevin Outterson
Boston University School of Law

Kyle Thomson
Boston University School of Law -- Student

David J. Arnold
Boston University School of Law -- Student

Julia Grace Mirabella
Boston University School of Law -- Student

Hao Wang
Boston University School of Law -- Student

Abstract

One purpose of the individual mandate is to eliminate the market for self-insured healthcare transactions. It is well-established in this Court’s precedent
that the elimination of an interstate commercial market is a constitutionally legitimate end for Congress
to pursue under the Commerce Clause. Under the Necessary and Proper Clause, Congress may use
any reasonably adapted means to accomplish constitutionally legitimate ends. The individual mandate
is not only reasonably adapted but is quite elegant as a means of eliminating the market for self-insured
healthcare transactions. The provision effectively encourages individuals to shift from the inefficient
market for self-insured care to its more efficient substitute market for fully-insured care.

The question presented is whether the minimum coverage provision is a valid exercise of Congress’s powers under Article I of the Constitution.

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Abigail Moncrieff Contact Information
Email: arm11@bu.edu
Boston University School of Law
765 Commonwealth Ave
Boston, MA 02215 USA
Phone: (617) 353-2212

Kevin Outterson Contact Information
Email: mko@bu.edu
Boston University School of Law
765 Commonwealth Ave
Boston, MA 02215 USA
Phone: (617) (617) 353-3103

Kyle Thomson Contact Information
Email:kthomson@bu.edu

David J. Arnold Contact Information
Email:djarnold@bu.edu

Julia Grace Mirabella Contact Information
Email: julia.mirabella@gmail.com

Hao Wang Contact Information
Email: hwang2@bu.edu

 

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