The Individual Health Care Mandate and Enumerated Powers

Faculty Division

Listen & Download

The Individual Health Care Mandate and Enumerated PowersShortly after the health care reform bill was signed into law, the attorneys general of 20 states filed lawsuits challenging the individual mandate as exceeding Congress's powers. This panel considered the mandate's constitutionality, as well as procedural issues presented by the litigation. This panel discussion, sponsored by the Faculty Division, was held during the annual meeting of the Southeastern Association of Law Schools in August 2010.


  • Prof. Jack Balkin, Yale Law School 
  • Prof. Randy Barnett, Georgetown University Law Center
  • Prof. David Kopel, Research Director, Independence Institute
  • Prof. Gillian Metzger, Columbia Law School
  • Moderator: Prof. Bradley A. Smith, Capital University Law School