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On August 12, 2011, the U.S. Court of Appeals for the Eleventh Circuit held in Florida v. U.S. Department of Health & Human Services that Congress exceeded its power under the Commerce Clause and Necessary and Proper Clause by requiring individuals to purchase health insurance as part of the Patient Protection and Affordable Care Act. In reaching its holding, the Eleventh Circuit rejected the Government’s argument that the individual mandate is a necessary and proper means for implementing its larger regulation of health insurance markets. Yet, this Comment argues that the Eleventh Circuit’s exacting review of Congress’s findings and underlying policy judgments, if adopted by the Supreme Court, may significantly constrain Congress’s power to craft a novel solution to a complex regulatory challenge.


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7 Sep 2022
143 kB



  • Subject
    • Health Law and Policy

  • Journal title
    • Boston College Law Review

  • Volume
    • 53

  • Issue
    • 1

  • Pagination
    • 359

  • Date submitted

    7 September 2022