Originally Posted by ryberg
I have been worried about the mandate point since the beginning, myself. I am not worried about any state laws or amendments. That's a total waste of time, there, for sure, passing a state law or voting on a state amendment in that way. I guess maybe they'll try to model such on the medicinal marijuana type of situation? But then that's funny, because suddenly conservative types would be just be saying yes to drug use.
I also cannot imagine repeal in the regular sense of new voting, new legislation to overturn this legislation, and so forth. It's just... that's la-la land thinking, there. That displays a lack of more careful thought or understanding of the nature of our government and the way it works and who will and will not be elected this fall and who will continue in office and so on.
Further down the road appeals also seem just about as unrealistic, to me, given that they could only happen after this has well settled in and become the status quo and people see what benefits they're getting and all that.
I read with optimism the reports that the courts have long ruled on a broad interpretation of the commerce clause and the suggestion that they will do so again in this case. But I worry about that more than anything. That, even if it takes years to get to the Supreme Court, as some have said, wouldn't have either the political voting hurdle or the status quo kind of political will hurdle to get over, really. So I will be interested to see what happens on that count.
This is a good and thoughtful response.
I first believe that there are many good arguments and stare decisis for the Commerce Clause providing rationalization for the mandate (as well as the taxation power).....beyond that though, and perhaps most importantly imo, even if the mandate were found to be unconstitutional
, everything else would presumably stay in place in the law....health care reform would move forward, people would like it and most would likely sign up....our march to Universal Health Care would continue.....beyond shooting themselves (or more importantly the health of their citizens) in the foot, it is a big, political waste of taxpayer money that the states just do not have right now....jmho. It also tends to move us all toward a public plan which would surely pass Constitutional muster.