Individual Mandate Upheld as Tax

The majority found that the individual mandate could not be sustained under the Commerce Clause but does come within the Congress’ power to tax. Because the mandate was held Constitutional, the court did not have to reach the issue of severability.

Document Excerpt

Our precedent demonstrates that Congress had thepower to impose the exaction in §5000A under the taxing power, and that §5000A need not be read to do more thanimpose a tax. That is sufficient to sustain it.



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