Articles and Speeches
Has the Carrot Finally Become the Club? - Can Florida Breathe New Life Into the Coercion Theory in Challenging Healthcare Reform?
March 2, 2011
Kristen Pollock McDonald
, Lindsey Lonergan
As appeared in the American Health Lawyers Association's Healthcare Liability & Litigation Health Briefs.
Agrowing number of cases have been filed throughout the nation seeking to invalidate the Patient Protection and Affordable Care Act (PPACA), especially on the grounds of the individual mandate contained in PPACA. One of the most prevalent and highly publicized arguments in these various challenges is that the PPACA, and specifically the individual mandate, constitutes an unconstitutional expansion of the Congress’ Commerce Clause power.
