I have wondered how constitutional it would be if Congress mandates private health insurance for ALL Americans with no way to opt out. Well NYT looks into this and it seems likely if such a bill passed lawsuits would spring up. The idea of being forced to purchase private pricey insurance products will have Americans in a fury as the polls show.
There may be questions of forcing purchase, which fall under the commerce clause and or due process. NYT links to a LA Times op ed by lawyers on the matter. Some sections are below that to me are very important. If there is no opt out then the mandates for private insurance are more vulnerable to be challenged in court. Ironically for all those Dems who took single payer off the table from day one may soon find single payer or Medicare for all may be the soundest constitutional way to cover everyone for reasons explained below....