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While Ginsburg was a part of the majority opinion, she had differing reasons as to why the mandate was constitutional. The rest of the justices found that under the Commerce Clause, the mandate requiring all U.S. citizens to buy health insurance was not valid. They upheld it as a tax. Ginsburg, however, said it should have been upheld under the Commerce Clause, and explained how Congress followed Massachusetts’ lead in preventing only sick people from signing up for health insurance…Ginsburg Uses Romneycare In Obamacare Majority Opinion - Business Insider
