Unconstitutional! Can we have our $1 Trillion back now?

[sirs]

Not just that....but the "rationale" on how the left is trying to claim Cash for Croakers is constitutional is pretty.......out there:

Health and Human Services Secretary Kathleen Sebelius and Attorney General Eric Holder comment in today's Washington Post on the recent Virginia ruling that overturned parts of Obamacare.

...opponents have sought to invent new constitutional theories and dig up old ones that were rejected 80 years ago.  Opponents claim the individual responsibility provision is unlawful because it "regulates inactivity." But none of us is a bystander when it comes to health care. All of us need health care eventually. Do we pay in advance, by getting insurance, or do we try to pay later, when we need medical care?

Judge Henry Hudson claimed that the Affordable Care act extended beyond the historical reach of the Commerce Clause. But that doesn't matter to Holder and Sebelius. To them, inactivity can mean whatever they want it to mean, and the Constitution doesn't matter.

Commentary

Anyone want to wager on how SCOTUS is going to rule?  If its 5-4, are the cries for how "partisan" the court has gotten, going to ring relentlessly

[BT]

Wonder how states can mandate auto insurance?

[sirs]

By themselves, I'd imagine....free of any Federal mandate, which by design is to remain within its Constitutional authority.  Anything not, is the privvy of the states.  Not to mention that the lack of auto insurance has an effect on the potential health to someone else, via an accident.  No such beast, in this debate

[BT]

So if the states mandated individual health coverage there would be no controversy?

[sirs]

There'd be anger, and again, it'd be fought on its afront to the consitution, since it's not protecting others, as car insurance does.  But it'd have stronger legs, since it'd be a state issue, and thus not completely restricted by the Constitution which is to keep the Fed in check.....in theory of course.  In reality, that got dumped, long ago

[Amianthus]

Wonder how states can mandate auto insurance?

You're forced to buy auto insurance if you don't own a car? Never knew that.

[BT]

Wonder how states can mandate auto insurance?

You're forced to buy auto insurance if you don't own a car? Never knew that.

You are forced to buy auto insurance if you intend to properly register and tag the vehicle to drive it on public roads.

[BT]

since it's not protecting others

What about infectious diseases, should they not be treated?

[sirs]

And what % of those diseases actually impact others?  You can have an infectious disease, and not effect anyone or anything.  You have an accident, there's damage to car, and in all likelyhood another person

[BT]

And what % of those diseases actually impact others?

Does it matter? What percent of auto accidents injure others? If the state has an interest in one it has an interest in the other.

[sirs]

Sure it does.  The rationale for mandating auto insurance is because of the high probability of damage, if not death involved.....to someone else.  Infectious diseases are a mere fraction of what folks use heathcare for.  Mandating such coverage for such a small % is ....... intrusive in the least, no matter how good the "intentions" are  

[BT]

Should a person with an infectious disease be allowed to refuse treatment?

[sirs]

Absolutely.....its their health.  If they start making efforts to purposely try to infect someone else, then there can be repercussions to consider

And again, a fraction of what Healthcare is used for

[BT]

Should a person with an infectious disease be allowed to refuse treatment?

Absolutely.....its their health. If they start making efforts to purposely ty to infect someone else, then there can be repercussions to consider

So you would be OK with quarantine?

and the reason would be that the infected person was a danger to others?

And if left untreated some infectious diseases are fatal.

Would that conflict with a states attempted suicide laws?

[sirs]

If someone is actively trying to infect another person, I'd advocate repercussions.  That doesn't equate to a quarantine.  A fine to start off with.  Criminal charges if the infectious disease is serious enough to someone else, and jail time if they managed to infect that other person