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HHS mandate challengers receive unlikely support

CNA commentary by Kim Daniels

July 3, 2012

In her separate opinion – joined by Justice Sotomayor, Justice Breyer, and Justice Kagan – Justice Ginsburg notes that beyond the provisions directly at issue in the healthcare case, other constitutional provisions limit the power of the federal government: “A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.”

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