So, Obamacare took a beating in the Supreme Court today. The mandate was battered even by liberals on the court. The odds now state that it is 55% likely the court rules the mandate unconstitutional. That does not comfort me. The Supreme Court has a history of failing to uphold the Constitution. The Kelo decision (2005) turned the 5th Amendment on its head, where it remains. The court upheld McCain-Feingold though it has corrected that with its Citizens' United ruling.
The notion that buying health insurance from an insurance company that is barred from selling insurance across state lines falls under the congressional power to regulate interstate commerce is silly on its face. If congress can require individuals to buy health insurance, what can they not force you to buy? Where is the line? One would think that advocates for Obamacare would have had an answer for that ready. Nope. One justice asked about requiring people to buy cell phones and the defense said that wasn't the same but couldn't explain why. Cuz. Oh, the 'Cuz' argument. Lovely.
If the court upholds the mandate, there will be no going back short of amending the Constitution. Once it has been determined that government can require citizens to buy something, there will be no end of things to buy.
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