The Patient Protection and Affordable Care Act of 2010 has stirred considerable controversy. In the public debate over the program, many of its proponents have defended it by focusing on what is sometimes called the “free-rider” problem. In a prior article, we contended that the free-rider problem has been greatly exaggerated and was not a significant factor in the congressional decision to adopt the Act. We maintained that the free-rider issue is a red herring advanced to trigger an emotional attraction to the Act and distract attention from the actual issues that favor and disfavor its adoption. In a recently published article, Professors Nicholas Bagley and Jill Horwitz responded to our article. For the sake of convenience, we will sometimes refer to the two professors collectively as “the professors.” In addition to addressing the free-rider issue, they also made a number of points in defense of the Act. We will concentrate on responding to those items that we discussed in our prior article and deal with only some of their broader points.
Kahn, Douglas A. "The Unaffordable Health Care Act - A Reponse to Professors Bagley and Horwitz." J. H. Kahn, co-author. Mich. L. Rev. First Impressions 110 (2011): 16-23.