Filed November 3, 2010
E.g., State of Florida, 2010 U.S. Dist. LEXIS 111775, at *111-18 (illustrating the Government’s defense in challenges to the individual mandate). These allegations are reflected in the mandate’s “factual predicate,” which the Congress wrote into the Act (42 U.S.C. § 18091) and, unlike an issue of law, is subject to empirical review and analysis. For example, the Congress made empirical findings concerning the relationship between “[h]ealth insurance and health care services” and the “national economy”; the effect of the individual mandate on the “supply of, and demand for, health care services”; and the “cost” of “the uninsured” to taxpayers, governments, and the economy as a whole.