You are assuming that I would have insurance. The question is whether the government can regulate, via the commerce clause, the failure to purchase insurance. Under my hypothetical, without insurance, where is the interstate nature of that transaction?
Doesn't matter. So long as the economics overall of the industry are interstate and its connected it all works. The fact that this person doesn't have insurance impacts the price of other people's insurance in other states now makes it interstate. Right now that is not the case since each insurance plan is contained within a state with it's own premiums and such. But now each plan will cross state lines. Therefore someone opting out of the plan impacts national prices, which makes it interstate. That is the definition of the Commerce Clause as it was interpreted by previous SCOTUS rulings. The mandate is constitutional. It will be interesting to see how the SC strikes it down since it might require also challenging previous precedents. I got this argument from a Forbes article: http://www.forbes.com/sites/modeled...f-the-mandate-dont-matter-its-constitutional/
Can you come up with something that cannot be said to fall under the auspices of the commerce clause?
My official prediction: They strike down the mandate and perhaps a few other provisions that nobody is talking about (ratios perhaps) and leave the rest in tact. Congress then freaks out trying to figure out what to do.
Is anyone going to be able to get any work done today? Between this ruling and the draft, I'm just all over the map mentally.
Are you being "hopeful" or you really thing a 6-3 decision is going to come down to strike? I think if there is a 6-3 decision either way it would be to uphold the law as is.
So looks like there is no 100% repeal. Roberts says Mandate is constitutional. Medicaid provision is limited but not eliminated.
This is going to take awhile to digest but I am hearing on CBS news and NPR that it the ruling struck down the mandate but on a 5-4 decision they have upheld it as a tax.
Tom: So the mandate is constitutional. Chief Justice Roberts joins the left of the Court. 10:11 Amy Howe: The Medicaid provision is limited but not invalidated.
Looks like congress will get to rework the thing, but it will survive in some form. Tom: The bottom line: the entire ACA is upheld, with the exception that the federal government's power to terminate states' Medicaid funds is narrowly read. from Yahoo Live webcast. Surprised it was Roberts that joined the left.
