“Those who are critical of the individual mandate suggest that it is unfair, not just unconstitutional, for the federal government to force healthy people to buy health insurance when they have made a rational decision not to do so” says Gusmano, who is a political scientist. “Supporters argue that the mandate is fair because it pools risk across a life course. The Court’s decision has broad implications, not only for the health care system, but about the role of government.”
Gusmano notes that questions from the Justices during oral argument suggest there was hunger for an ethical framework to justify the law’s provisions.
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