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View Diary: Supreme Court orders record oral argument for Affordable Care Act (90 comments)

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  •  What are the limits (0+ / 0-)

    to the Interstate Commerce Clause? I understand that one of the lower court judges asked the government and they didn't have an answer. So I guess the Federal Gov't can force us to spend money on anything.

    Honesty pays, but it doesn't seem to pay enough to suit some people. Kin Hubbard

    by Mr Robert on Mon Nov 14, 2011 at 12:32:31 PM PST

    •  The mandate doesn't force you to buy insurance (5+ / 0-)

      It requires you to be insured to pay a tax penalty. You are free to choose to do that if you wish. But you will also be turning down the tax benefits associated with carrying insurance.

      •  Here in Mass the penalty is ~$100/month... (0+ / 0-)

        if your single making over $30K or a family of 4 @ $60K.
        In 2007, the law went into effect and 400K people that were uninsured got health insurance.

        But there are those that just pay the penalty (severe ADD).

        Over 99% of our kids are insured. That's a good thing.

    •  health care is different (6+ / 0-)

      That's what the DC Circuit said last week:

      We acknowledge some discomfort with the Government’s failure to advance any clear doctrinal principles limiting congressional mandates that any American purchase any product or service in interstate commerce.  But to tell the truth, those limits are not apparent to us, either because the power to require the entry into commerce is symmetrical with the power to prohibit or condition commercial behavior, or because we have not yet perceived a qualitative limitation. That difficulty is troubling, but not fatal, not least because we are interpreting the scope of a long-established constitutional power, not recognizing a new constitutional right.  Cf. Caperton v. A.T. Massey Coal Co., Inc., 129 S. Ct. 2252, 2272 (2009) (Roberts, C.J., dissenting). It suffices for this case to recognize, as noted earlier, that the health insurance market is a rather unique one, both because virtually everyone will enter or affect it, and because the uninsured inflict a disproportionate harm on the rest of the market as a result of their later consumption of health care services.
    •  Mr R - that is the heart of the case (0+ / 0-)

      Up until the 1930's the Commerce Clause was viewed narrowly. Since then it has been interpreted more broadly. However, some claim that the mandate is outside the current envelope and that issue is really at the heart of the case.

      "let's talk about that"

      by VClib on Tue Nov 15, 2011 at 12:02:56 AM PST

      [ Parent ]

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