Remember when the Commerce Clause challenge to the individual insurance mandate was dismissed by all serious and knowledgeable constitutional law professors and Nancy Pelosi as "frivolous"? Well, as Jonathan notes, the administration is now apparently telling the New York Times that the individual insurance "requirement" and "penalty" is really an exercise of the Tax Power of Congress.
1 J.L. (1 The Post) 373-376 (2011)
Scholarly Commons Citation
Barnett, Randy E., "So Much For the Commerce Clause Challenge to Individual Mandate Being "Frivolous"" (2011). Georgetown Law Faculty Publications and Other Works. 1149.
Constitutional Law Commons, Insurance Law Commons, Tax Law Commons