THERE’S PLENTY to be said as a policy matter both for and against the Affordable Care Act, but it’s beyond reasonable debate that it complies fully with the Constitution. Few doubt that most of its provisions, including those requiring health insurers to cover people regardless of preexisting conditions or current illness, fall squarely within Congress’s power under the Commerce Clause. The one provision whose constitutionality is questioned is the individual mandate, the requirement that everyone who can afford to do so buy health insurance unless otherwise...
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