The Affordable Health Care Act [Act], which mandates all individuals to have health insurance and “penalizes” those who do not, is unconstitutional for five reasons. This article focuses on one: the lack of procedural due process. So far, all courts and almost all commentators have failed to...

Steven J. Willis is a professor of law at the University of Florida Levin College of Law. Nakku Chung is a licensed attorney and member of the Florida Bar. They thank Nathan C. Perry, Eric D. Penkert, M. Todd Lewis, and Jose Alicia for helpful advice and assistance.Willis and Chung authored a...