Does the Constitution's Commerce Clause Allow Congress to Require Uninsured Individuals to Buy Health Insurance? This episode explores the constitutional debate surrounding the Affordable Care Act's (ACA) individual mandate, specifically whether the Commerce Clause empowers Congress to require individuals to purchase health insurance. Justice Ruth Bader Ginsburg argues that, under existing Supreme Court interpretations of the Constitution's Commerce Clause, Congress has the constitutional authority to require uninsured Americans to buy health insurance or pay a penalty. Chief Justice John G. Roberts, Jr., argues that a federal mandate to buy a service or product exceeds Congress's power under the Commerce Clause.
