Antonin Scalia Offers Hint On His Mandate Decision

Justice Antonin Scalia indicated deep skepticism with the individual mandate during Tuesday’s oral arguments.

He probed what the limits are if government can force people to purchase a good, and even brought up the hypothetical “broccoli” mandate that conservatives often invoke.

Scalia indicated that he believes the mandate may be “necessary” for regulation of economic activity with regard to insurance, but not necessarily “proper.”

He didn’t offer any hints that he’s sympathetic to the provision.

ABOUT THE AUTHOR

Sahil Kapur is TPM's senior congressional reporter and Supreme Court correspondent. His articles have been published in the Huffington Post, The Guardian and The New Republic. Email him at sahil@talkingpointsmemo.com and follow him on Twitter at @sahilkapur.
LIKE US ON FACEBOOK