Justices Pounce upon ACA Mandate Defenders on Day 2

March 28, 2012
49 Views

Will SCOTUS kill the mandate provision? The mainstream blogsophere (and media) are buzzing about the hard-hitting line of questioning lobbied at the U.S. today as to the consitutional merits of a mandate to purchase insurance as a proper provision under the ACA. Antonin Scalia apparently wasted no time in using the oft-quoted broccoli argument conservatives have been making while characterizing the long reach of government in individual liberty.

Will SCOTUS kill the mandate provision? The mainstream blogsophere (and media) are buzzing about the hard-hitting line of questioning lobbied at the U.S. today as to the consitutional merits of a mandate to purchase insurance as a proper provision under the ACA. Antonin Scalia apparently wasted no time in using the oft-quoted broccoli argument conservatives have been making while characterizing the long reach of government in individual liberty.

Perhaps it’s the eleventh hour wave of national conservative populism. Perhaps it’s the sudden swing rightward by wayward justice Kennedy. Perhaps it’s the potential backlash of “Obama’s signature domestic issue” which is astroturfing and energizing anti-Obama sentiment that could very well usurp his chances at re-election. Whatever it is, Kennedy’s words appear to be stoking those flames.

And the government tells us that’s because the insurance market is unique. And in the next case, it’ll say the next market is unique. But I think it is true that if most questions in life are matters of degree, in the insurance and health care world, both markets — stipulate two markets — the young person who is uninsured is uniquely proximately very close to affecting the rates of insurance and the costs of providing medical care in a way that is not true in other industries. That’s my concern in this case.

The transcript of today’s deliberations is here and here. [PDF]

 

You may be interested

Where Is The Balance? Pushing Back Against Consumer Health Tech
eHealth
3 views
eHealth
3 views

Where Is The Balance? Pushing Back Against Consumer Health Tech

Larry Alton - August 18, 2017

When Republican Congressman Jason Chaffetz glibly remarked that Americans struggling to afford insurance should choose between that and their smartphones,…

What to Look for in Patient Solutions Software
eHealth
365 views
eHealth
365 views

What to Look for in Patient Solutions Software

Robert Cordray - August 17, 2017

The medical sector is one area where technology has had a significant impact, largely by providing tools that simplify many…

Can Natural Remedies Like RediCalm Decrease Stress and Anxiety?
Wellness
2 views
Wellness
2 views

Can Natural Remedies Like RediCalm Decrease Stress and Anxiety?

Ryan Kh - August 16, 2017

According to research from the National Institute of Mental Health, anxiety disorders are the most common mental illness in the…