The power to force individuals to engage in commercial transactions against their will was the kind of they reserved to state governments more directly accountable to the people (p. 17).*Massachusetts, ICYMI, has exercised that power. No one has challenged it. And Mitt Romney has been insisting for two years that each state should have the power to find its own healthcare solution.
Showing posts with label insurance exchanges. Show all posts
Showing posts with label insurance exchanges. Show all posts
Sunday, June 24, 2012
What about state-imposed individual mandates?
If the Supreme Court strikes down the individual mandate but leaves the rest of the ACA intact, one fact to keep in mind is that states maintain the right to impose such a mandate. Backhandedly, even the plaintiffs acknowledged as much. The state respondents' brief makes much of a distinction between regulating commerce and "creating" it by requiring individuals to purchase something, asserting that Congress does not have the right to "compel individuals to engage in commerce." But the states do have that power:
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