In this timely new briefing, Professor Lawrence O. Gostin, University Professor and Faculty Director, O’Neill Institute for National and Global Health Law, Georgetown University writes:
Prior to Tuesday’s arguments, I believed that the Supreme Court would uphold the health insurance purchase mandate by a comfortable margin. But now I believe that health care reform hangs in the balance. Here are the key arguments on which the future of President Obama’s health care reform depends: a greater freedom, cost-shifting, the health care market, acts versus omissions, limiting principles, the population-base approach, and what is necessary and proper. If the Court strikes down the individual mandate, everyone’s premiums for health insurance could rise inexorably. Is that what a decent society would want or accept?
Gostin, Lawrence O., "Healthcare Reform Hangs in the Balance" (2012). O'Neill Institute Papers. Paper 36.