Archive for the ‘individual mandate’ tag
RANDY BARNETT: Is Health-Care Reform Constitutional?
[T]he smart money says there won’t be five [Supreme Court] votes to thwart the popular will to enact comprehensive health insurance reform.
But what if five justices think the legislation was carried bleeding across the finish line on a party-line vote over widespread bipartisan opposition? What if control of one or both houses of Congress flips parties while lawsuits are pending? Then there might just be five votes against regulating inactivity by compelling citizens to enter into a contract with a private company. This legislation won’t go into effect tomorrow. In the interim, it is far more vulnerable than if some citizens had already started to rely upon its benefits.
Via Ace of Spades.
Keith Olbermann plays "gotcha" with Sen. Chuck Grassley on the "individual mandate." Olbermann loses.
On Countdown tonight, the Sultan of Smug could hardly contain his giddiness in playing “gotcha” with Sen. Chuck Grassley (R-IA) about the “individual mandate” for health insurance. Here is the statement from Grassley that the Sultan played:
This is the first time in the 225-year history of our country that we have forced you as a constituent, any of our constituents, to buy a product. You know, you’ve been free to buy or not buy. But now for the first time you’re gonna have to buy health insurance… I’m not a lawyer, but let me tell you, I’ve listened to some lawyers speak on this, and you know it’s a relatively new issue, and I don’t think we’ve ever had this issue before of having to buy something. And a lot of constitutional lawyers are saying it is unconstitutional or at least a violation of the tenth amendment. Now maybe states could do this, but can the federal government do it? So I have my doubts.
Keith immediately zings Grassley with, “You heard of insurance on cars, Senator Grassley? Mandatory insurance on cars?”
I am going to guess that not only is Senator Grassley obviously aware of mandatory insurance on cars, but that he is aware that proponents of the mandate may cite such laws as precedent– I think it’s safe to assume that’s why he included the caveat, “maybe the states can do it.”
Guess what, Keith? The states can, and do, require auto insurance. The federal government does not, cannot and should not, for the reasons clearly stated by Senator Grassley.
Maybe if Keith Olbermann didn’t assume everybody he disagrees with is some combination of retarded, evil and dishonest, he’d avoid failling into traps himself.
Then again, I guess it doesn’t really matter– after all, not even Keith Olbermann watches Countdown with Keith Olbermann.
UPDATE: Here’s the video–



