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View Diary: Idaho to sue federal government on HCR mandates. (65 comments)

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  •  Of the States Rights Crusaders (0+ / 0-)

    Rehnquist is dead and O'Connor is gone. Alito, in particular, hasn't demonstrated anything remotely close to being a states right kind of justice.

    But before even saying that HCR will not be upheld in the Court, what arguments are there to say that HCR is unconstitutional?

    •  I think that there are technical constituional (0+ / 0-)

      arguments (you can find them all over), but let me start with the practical issue -- the reason that the Supreme Court will likely take the case, no matter which way it decides.  

      This is the first time the federal government has ever mandated that a citizen buy a private product, and that the mandate arises simply by virtue of being alive.  Practically speaking, can Congress decide that a product is good for you, so they can mandate that you must buy it?  

      Taken to its extremes (lawyers love hypotheticals), can Congress decide it's good for us all to eat more vegetables -- and it will save the health care system money -- and therefore mandate that we buy so many pounds of veggies a month?  Can Congress decide that exercise is good for us -- and saves the health care system money -- and therefore mandate that we buy exercise equipment?

      I think that the counter argument is going to be that it's not really a mandate, but it's just a tax.  That may carry the day.  

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