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Originally Posted by jwm1964
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No and No.
Why not? Because it isn't constitutional.
I don't care that the Supreme Court declared it to be last year. That decision wasn't unanimous to begin with, and like all decisions is subject to being overturned.
So I continue to maintain that it isn't constitutional. There is nothing whatsoever about the federal government having any authority to mandate what insurance companies need to cover, how much they can charge, or which people need to buy what services. It's a complete over-reaching of federal power. There is nothing in the constitution about health care and the 10th amendment says powers not specifically delegated to the government are reserved to the states and the people.
Calling healthcare "interstate commerce" is bogus. Similarly, holding that you participate in a market for a product simply by being a human being who "might" need that product "at some point" is also ludicrous. That's a deliberate misinterpretation of the constitution to justify allowing the government to do what it did. That is not an honest interpretation of what the constitution says.
It's not like healthcare didn't exist in the 1700s. If the constitution covered healthcare, it would say so. You wouldn't have to call it "interstate commerce" nor would you need to use "by not making a choice, you still have made a choice" type mental gymnastics to define not buying a product as valid participation in the market for that product.
So it is plain from the court case that the liberal justices in particular asked "Can the constitution allow this?" and not "Does the constitution allow this?" which are two very different questions. The statement of the Court says they are the defenders and interpreters of the constitution. Looking for a way to allow something goes way beyond defending and interpreting. They should be asking "does the constitution allow this?" and not "how can we redefine the terms so as to apply this to something the constitution does allow?"
They clearly wanted a particular outcome and looked for a way to produce that outcome.
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