Talking Points Memo
A year ago, no one took seriously the idea that a federal health care mandate was unconstitutional. And the idea that buying health care coverage does not amount to "economic activity" seems preposterous on its face. But the decision that just came down from the federal judgment in Virginia -- that the federal health care mandate is unconstitutional -- is an example that decades of Republicans packing the federal judiciary with activist judges has finally paid off.
3 comments:
I'm sort of interested at what happens if you have a no-denial requirement without mandates.
It's an interesting situation -- one which would be pretty detrimental to the insurers since it would allow people to game the system -- adverse selection. They really only signed on to the deal because they were guaranteed millions of new customers for accepting the necessary reforms.
But here's the funny thing: it would not necessarily kill the bill. It would probably be unstable over a longer-term time fram, since it could create an adverse selection death spiral. But realistically, if the situation were to persist that long, after the partisan fervor died down, Congress would probably do something to fix it.
I wonder if Obama should not appeal this. Just come out and say, "Look, that was the part of the deal the insurance companies wanted, if it's unconstitutional, that's not my problem."
I mean, this is just mental masturbation. Obama is not interested in such political tricks.
pussy.
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