Tuesday, November 9, 2010

Health Care and the Mandate

This is an interesting article by a professor at George Mason School of Law with respect to the litigation regarding health care and the individual mandate.

Nevertheless, I think the thrust of it is incorrect. The author does not mention that only the individual mandate is at stake. Wasn't there a heck of a lot more in the "health care bill" besides the individual mandate? If the mandate gets struck, then they will have to find some other way to ensure compliance, but that doesn't seem to impact the scores of other things in the bill.

This reminds me of conservative attacks on Roe v. Wade, where basically conservatives have believed for 40 years that overturning Roe would end abortion in the U.S., rather than simply restore the status quo in each state. The great unwashed get all hyped up about a court battle that is going to save their way of life, and of course, it never happens.

Also, interestingly, Virginia has had a long history of ordering its citizens to engage in commerce. Going back to Jamestown, Virginians have had mandates to grow various products, among them wine, tobacco and hemp. I suppose it can be argued that that was before the Constitution, or that states have such powers but not the federal government, but I doubt that would satisfy many conservatives if Virginia began its own mandate.


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