https://hotair.com/ed-morrissey/2012/02/28/does-the-obamacare-individual-mandate-make-contracts-unenforceable/feed/HotAir is the leading conservative blog for breaking news and commentary covering the Biden administration, politics, media, culture, and current elections.en-usThu, 23 Apr 2026 15:10:00 -0400<![CDATA[I must admit that until I heard this argument from the Institute for Justice, I never considered the implications of ObamaCare requiring individuals to sign contracts for insurance coverage.  In any other context, signing a contract under threat of force constitutes duress, which negates the contract under centuries-old legal standards.  What happens when government applies the threat of force, through fines and presumably an eventual jail sentence for non-compliance?  IJ has filed an amicus brief to the Supreme Court asking this very question, and constitutional law professor Elizabeth Price Foley explains that the individual mandate violates the principle of mutual assent:]]>Tue, 28 Feb 2012 11:00:11 -0500<![CDATA[Ed Morrissey]]>https://hotair.com/ed-morrissey/2012/02/28/does-the-obamacare-individual-mandate-make-contracts-unenforceable-n184163