Second time posting this. Sure wish I knew what happens.
March 23, 2010
POTUS signs HC bill (video/text)
13 states have filled lawsuits over individual mandate for adults to have insurance or be penalized: WA, UT, SD ND, NE, MI, PA, SC, TX, LA, AL, VA, FL.
Case filed in Northern District of Florida expected to go to 11th Circuit and then on to Supreme Court – 12-18 months.
Chris Matthews, Nebraska Atty Gen Jon Bruning, Savannah Guthrie
Individual mandate violates the commerce clause of the Constitution, which is not unlimited.
Congress has gone beyond the powers granted to it – to penalize people who refuse to engage in commerce.
Article 1 Section 8
Says they can regulate commerce, but it doesn’t say they can regulate inactivity.
Supreme Court has ruled on it (1995, 2000)
Federal government has certain powers enumerated in the Constitution – everything else goes to the States.
If an individual state wants to mandate insurance, they can do it.
Congress can incent but it cannot require States to do anything.
