Return Economic Substantive Due Process Rights: A Challenge to the Individual Mandate Using the Commerce Clause

Abstract

The Individual Mandate of the PPACA has brought new light to the concerns of right to freedom of contract. This paper provides a brief description of PPACA and the individual mandate provision which provides the basis for the legal arguments for and against it. Then each side of the argument is discussed using case law and academic opinions. At the heart of this paper is a call to the Supreme Court to return Lochner Era principles and the freedom to contract, highlighting why this case is the perfect opportunity for the court.