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Does The Individual Mandate Force Individuals To Buy Insurance?, Raphael Boleslavsky, Sergio J. Campos Dec 2011

Does The Individual Mandate Force Individuals To Buy Insurance?, Raphael Boleslavsky, Sergio J. Campos

Raphael Boleslavsky

The Patient Protection and Affordable Care Act contains provisions which penalize individuals for failing to purchase health insurance. These provisions are commonly known as the "individual mandate." Both critics and supporters believe that the individual mandate forces individuals to buy health insurance, but supporters argue that this coercion is necessary. This term, the Supreme Court will address the constitutionality of the mandate, and this legal issue has sparked debate about the government's power to force individuals to purchase a private good. In this Essay we question the consensus that the individual mandate forces individuals to pay for health insurance. Using …