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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 1163 Views
*yawn* Macharius - 13/12/2010 05:46:58 PM 819 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 323 Views
It may very well end up that way. *NM* Tom - 13/12/2010 07:09:36 PM 357 Views
So riddle me this... Dannymac - 13/12/2010 07:23:14 PM 806 Views
He's not "making his own law", just denying the government the ability to..... trzaska2000 - 13/12/2010 08:06:48 PM 782 Views
That wasn't my question. Dannymac - 13/12/2010 09:10:39 PM 876 Views
I get what you're saying... Jeordam - 13/12/2010 11:30:13 PM 872 Views
Re: I get what you're saying... rempires - 14/12/2010 01:34:13 AM 904 Views
*heh* Jeordam - 14/12/2010 04:01:35 PM 811 Views
That's not all they're saying, though. Dannymac - 14/12/2010 01:42:27 AM 767 Views
At least in my mind.... Jeordam - 14/12/2010 04:10:38 PM 778 Views
Agreed; when do I get a refund for my share of the B2 bomber? Joel - 14/12/2010 04:40:25 AM 810 Views
But see...you are using the B2 bomber. Jeordam - 14/12/2010 03:59:27 PM 734 Views
Much as you are using the healthcare system. Joel - 14/12/2010 05:55:40 PM 856 Views
*nods* Jeordam - 14/12/2010 06:09:42 PM 846 Views
Again we're back to whether individuals deign to tolerate majority rule. Joel - 14/12/2010 07:27:22 PM 951 Views
Re: So riddle me this... everynametaken - 14/12/2010 02:51:35 AM 782 Views
It's judicial review Ava - 14/12/2010 02:47:43 PM 825 Views
Re: It's judicial review Macharius - 14/12/2010 03:27:28 PM 812 Views
Re: It's judicial review Ava - 15/12/2010 05:35:17 PM 932 Views
I really don't understand why people defend the forced purchase aspect Isaac - 13/12/2010 08:22:03 PM 847 Views
This analogy no doubt has its flaws too, but I was just reminded of it... Legolas - 13/12/2010 08:52:31 PM 864 Views
That's precisely the logic, yes. Joel - 14/12/2010 04:31:44 AM 826 Views
Forced insurance purchase would indeed be terribly unconstitutional. Joel - 14/12/2010 04:26:27 AM 772 Views
This judge... Dreaded Anomaly - 13/12/2010 11:26:09 PM 857 Views
there is a major problem with this.. rempires - 14/12/2010 01:29:41 AM 814 Views
Bad analogy..... trzaska2000 - 14/12/2010 02:57:28 AM 774 Views
Re: Bad analogy..... rempires - 14/12/2010 03:23:31 AM 790 Views
Not everyone uses the HC system and many can pay for it without insurance..... trzaska2000 - 14/12/2010 03:42:26 AM 774 Views
Re: Not everyone uses the HC system and many can pay for it without insurance..... rempires - 14/12/2010 04:53:39 AM 795 Views
Just to note.... Jeordam - 14/12/2010 06:11:57 PM 779 Views
Re: Just to note.... Macharius - 14/12/2010 06:44:54 PM 778 Views
Re: Just to note.... rempires - 14/12/2010 08:32:46 PM 773 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 731 Views
No, the courts exist to interpret legislation, and the SCOTUS to strike down illegal legislation. Joel - 14/12/2010 04:36:59 AM 757 Views
I'll excerpt some relevant passages, but the full article is in the link. Macharius - 14/12/2010 02:10:48 PM 943 Views
In other words there may be a painful silver lining. Joel - 14/12/2010 07:46:38 PM 702 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 392 Views
Update: the judge's decision is basically nonsense. Dreaded Anomaly - 14/12/2010 08:04:27 PM 1041 Views
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