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New York Times: Health Ruling Hinges on How Justices Frame the Core Issue
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WASHINGTON — The ntral question in the constitutional challenges to ’s law. How it answers the question depends in large part on how the justices decide to frame the core issue. The law’s challengers — 26 states led by Florida, the National Federation of Independent Business and several individuals — present the central question as one of individual liberty. May the federal government, they ask, compel individuals not engaged in commerce to buy a product, here , from private companies? The Obama administration, by contrast, urges the court to answer a different question. May Congress decide, in fashioning a comprehensive response to a national crisis in the health care market, to regulate how people pay for the health care they will almost inevitably need?
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