mandate's

Judge Hall (a Bill Clinton nominee) and Judge Dubina (a George H.W. Bush nominee) have delivered one of the most persuasive and tightly reasoned deconstructions of the mandate's supposed constitutional logic, though of course the fate of the mandate lies with the Supreme Court.

'Breathtaking in its Expansive Scope' 2011

Having found that the mandate provision was not severable from the rest of the law, they say, he ought properly to have ruled that the mandate's constitutionality is parasitic on the constitutionality of the entire scheme.

Howard Schweber: The Affordable Health Care Act: A Law Too Big to Fail? Howard Schweber 2011

The "compelling interest" claim is further undercut by the mandate's exclusion, for purely secular reasons, of employers who offer "grandfathered" plans.

Birth-Control Mandate: Unconstitutional and Illegal David B. Rivkin Jr. 2012

In the end, the assault that did follow, and that was successfully repulsed, resulted in Israel's winding up with another quarter of the mandate's territory.

The Line Between Bold and Reckless Hillel Halkin 2011

Her ruling for the mandate's constitutionality rested on the "necessary and proper clause," and she had no patience for the claimants protestations that this was somehow regulating "inactivity":

Another judge rules the individual mandate constitutional 2011

Recap: The individual mandate's problem is not the Constitution; the case for and against a foreclosure moratorium; and three ways the foreclosure mess could play out.

Reconciliation Ezra Klein 2010

Cato Institute 'The mandate's greatest pretense is the idea that it promotes personal responsibility.'

Should Everyone Be Required to Have Health Insurance? 2012

The mandate's greatest pretense is the idea that it promotes personal responsibility.

Should Everyone Be Required to Have Health Insurance? 2012

But the mandate's critics have been vindicated on its failure to control insurance costs, and perhaps next year they will also prevail on its federal unconstitutionality.

The GOP and RomneyCare 2011

In a pro-ObamaCare decision in July, Judge Sutton abstracted the law's mandate in a way that allowed him to find it constitutional, rather than address the mandate's provisions as they are written into the law.

ObamaCare Goes to Court 2011