I’m No Lawyer, But…
May 12th, 2011 | By joe-kgmi in Uncategorized | 4 Comments »…it’s so easy to see that the claim that the health care reform law is unconstitutional is invalid even I can understand it. It’s all about the so-called “individual mandate” to buy health insurance. Opponents claim the Constitution doesn’t empower the federal government to force citizens to buy a private product (health insurance in this case). That may be the case (I’m no lawyer), but the law clearly doesn’t do that. What it does do is establish a tax which a citizen can avoid by choosing to buy health insurance. You can still choose not to buy the private product, but you then accept the tax liability.
The tax is necessary to sustain the insurance industry, which would be faced with potential collapse if too many people chose to only buy insurance when they become sick (due to the law’s mandate that insurance companies can’t deny coverage due to an existing condition). This all falls neatly under the government’s constitutional authority to regulate interstate commerce. And the government has the authority to establish taxes.
Here’s some more light reading on the subject. Let’s hope the Roberts court can see beyond the majority’s idealogy when it decides on this important issue.

















