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Forced insurance purchase would indeed be terribly unconstitutional. Joel Send a noteboard - 14/12/2010 04:26:27 AM
It seems weird anyone would accuse him of judicial activism for pointing out that this would give unlimited power. There's no legal difference between the gov't forcing you to buy health insurance and forcing you to buy a shotgun, and I'd think the analogy would hold, if one is trying to make healthcare a right, like gun ownership is, then the parallel would be demanding we all subsidize people's handgun and rifle purchases and force everyone to buy guns, or similarly as free speech is a right, making people buy newspapers. I can't think of any legal reason why forced insurance purchase would be okay but those aren't, and heck, guns and newspapers are a lot cheaper then health care insurance.

Unfortunately, the healthcare law doesn't force the purchase, as you know full well. I don't like what it DOES do to mandate coverage, especially since 1) Obama explicitly pledged during the primaries that he WOULDN'T do that, 2) it won't work and 3) it would only be acceptable as a necessary evil if accompanied by a non-existent public option that makes it more than a subsidy to private insurance. I've seen no evidence, however, that it's unconstitutional. Not that, like the others, I'd bat an eye if the GOP SCOTUS said it is anyway and then went into another rant about activist judges.
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Federal judge in Va. strikes down health care law - trzaska2000 - 13/12/2010 05:21:37 PM 1055 Views
*yawn* Macharius - 13/12/2010 05:46:58 PM 722 Views
Another step closer to SCOTUS.....and that will be 5-4 decision in favor of repeal! *NM* trzaska2000 - 13/12/2010 05:55:54 PM 279 Views
It may very well end up that way. *NM* Tom - 13/12/2010 07:09:36 PM 314 Views
So riddle me this... Dannymac - 13/12/2010 07:23:14 PM 708 Views
He's not "making his own law", just denying the government the ability to..... trzaska2000 - 13/12/2010 08:06:48 PM 678 Views
That wasn't my question. Dannymac - 13/12/2010 09:10:39 PM 778 Views
I get what you're saying... Jeordam - 13/12/2010 11:30:13 PM 775 Views
Re: I get what you're saying... rempires - 14/12/2010 01:34:13 AM 797 Views
*heh* Jeordam - 14/12/2010 04:01:35 PM 717 Views
That's not all they're saying, though. Dannymac - 14/12/2010 01:42:27 AM 665 Views
At least in my mind.... Jeordam - 14/12/2010 04:10:38 PM 679 Views
Agreed; when do I get a refund for my share of the B2 bomber? Joel - 14/12/2010 04:40:25 AM 706 Views
But see...you are using the B2 bomber. Jeordam - 14/12/2010 03:59:27 PM 638 Views
Much as you are using the healthcare system. Joel - 14/12/2010 05:55:40 PM 757 Views
*nods* Jeordam - 14/12/2010 06:09:42 PM 734 Views
Again we're back to whether individuals deign to tolerate majority rule. Joel - 14/12/2010 07:27:22 PM 847 Views
Re: So riddle me this... everynametaken - 14/12/2010 02:51:35 AM 683 Views
It's judicial review Ava - 14/12/2010 02:47:43 PM 728 Views
Re: It's judicial review Macharius - 14/12/2010 03:27:28 PM 705 Views
Re: It's judicial review Ava - 15/12/2010 05:35:17 PM 804 Views
I really don't understand why people defend the forced purchase aspect Isaac - 13/12/2010 08:22:03 PM 749 Views
This analogy no doubt has its flaws too, but I was just reminded of it... Legolas - 13/12/2010 08:52:31 PM 760 Views
That's precisely the logic, yes. Joel - 14/12/2010 04:31:44 AM 718 Views
Forced insurance purchase would indeed be terribly unconstitutional. Joel - 14/12/2010 04:26:27 AM 675 Views
This judge... Dreaded Anomaly - 13/12/2010 11:26:09 PM 758 Views
there is a major problem with this.. rempires - 14/12/2010 01:29:41 AM 720 Views
Bad analogy..... trzaska2000 - 14/12/2010 02:57:28 AM 674 Views
Re: Bad analogy..... rempires - 14/12/2010 03:23:31 AM 687 Views
Not everyone uses the HC system and many can pay for it without insurance..... trzaska2000 - 14/12/2010 03:42:26 AM 674 Views
Re: Not everyone uses the HC system and many can pay for it without insurance..... rempires - 14/12/2010 04:53:39 AM 690 Views
Just to note.... Jeordam - 14/12/2010 06:11:57 PM 682 Views
Re: Just to note.... Macharius - 14/12/2010 06:44:54 PM 672 Views
Re: Just to note.... rempires - 14/12/2010 08:32:46 PM 677 Views
yeah, but the courts exist to strike down dumb legislation, which is what this ruling does moondog - 14/12/2010 03:17:04 AM 637 Views
No, the courts exist to interpret legislation, and the SCOTUS to strike down illegal legislation. Joel - 14/12/2010 04:36:59 AM 655 Views
I'll excerpt some relevant passages, but the full article is in the link. Macharius - 14/12/2010 02:10:48 PM 829 Views
In other words there may be a painful silver lining. Joel - 14/12/2010 07:46:38 PM 600 Views
He partially owns the lobby aiming to make it unconstitutional, which the plaintiff was a client of *NM* Jragghen - 14/12/2010 05:35:21 PM 346 Views
Update: the judge's decision is basically nonsense. Dreaded Anomaly - 14/12/2010 08:04:27 PM 932 Views
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