American Elephants


Mandate? Mandate? What Mandate? by The Elephant's Child

Peter Suderman of the Reason Foundation remarks on the ObamaCare mandate:

The Obama administration has repeatedly and somewhat counterintuitively argued that the individual mandate to purchase health insurance is not, in fact, a requirement that compels anyone to purchase health insurance. Arguing the case in front of an appeals court in Atlanta, Neal Kumar Katyal, the Obama administration’s former acting solicitor general,told judges that the government is “not asking people to buy something they otherwise might not buy.”

Eventually, Katyal argued, everyone will need health care. Requiring individuals to purchase health insurance merely regulates how that care will be financed.

Katyal and other defenders of the mandate have used this idea that the provision merely regulates financing as a response to the concerns about the mandate’s novelty and the scope of congressional action it might allow. Congress already regulates the financing of health care, the argument goes; this would simply be a new way to regulate that financing. By minimizing the provision’s novelty, the law’s defenders can sidestep concerns about the breadth of power granted to Congress under the Commerce Clause should the mandate be ruled constitutional.

There’s a big difference between regulating commerce in which an individual has chosen to participate, and compelling someone to participate in a specific form of commerce in which they have chosen not to participate. The protestations that the pig in the poke is not a pig are getting increasingly weird.

The mandate doesn’t regulate commerce, it requires commerce. Unwanted commerce.

 


1 Comment so far
Leave a comment

Liberals want the federal government to regulate the individual.

Like

Comment by Douglas Allen (@SeattleSports64)




Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s



%d bloggers like this: