A handful of specific questions from the oral arguments could shape the Supreme Court’s ruling on the health reform law. Is this about health care or health insurance?  Where do the mandates stop? The government failed to provide a limiting principle, but the Justice Department has said it doesn’t need to because health care is unique. If the Court finds the mandate unconstitutional, will striking down the entire health law be considered an “activist” ruling? The constitution gives the federal government certain powers, and it also says Congress can pass laws that are “necessary and proper” to exercise those powers. Is the mandate not a necessary action to make the health reform law work? If the individual mandate is to crack down on people who go to hospitals and can’t pay their bills, wouldn’t a catastrophic care policy fix that?

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