John Sheils and Randall Haught (Nov 2011) conclude from their sophisticated analysis of the insurance reforms in the Affordable Care Act of 2010 that the rest of the law can survive even if the Supreme Court strikes down the individual health insurance mandate. But they also use wording straight from the Eleventh Circuit's opinion that struck down the mandate. They specifically endorse the court's conclusion that the mandate is not "essential to Congress's broader regulation" of insurance.
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