Wednesday, September 09, 2009


Court Challenges Sure to Follow Mandated Insurance

Won't fly:
"That’s why under my plan, individuals will be required to carry basic health insurance – just as most states require you to carry auto insurance. Likewise, businesses will be required to either offer their workers health care, or chip in to help cover the cost of their workers. There will be a hardship waiver for those individuals who still cannot afford coverage, and 95% of all small businesses, because of their size and narrow profit margin, would be exempt from these requirements. But we cannot have large businesses and individuals who can afford coverage game the system by avoiding responsibility to themselves or their employees. Improving our health care system only works if everybody does their part."
Several legal scholars have said that mandating insurance - requiring them to buy it - will simply not pass constitutional mustard. Requiring people such as from religious orders that forbad would certainly lead the list of court challenges. Congress will try to do this under "Commerce Laws" their strongest hand, but again that authority has been diced up pretty good by courts of late. This is DOA.

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