As virtually all constitutional scholars agree, the odds that this suit will succeed are at best marginal. The federal government has vast power to tax and to regulate interstate commerce on a rational basis. The statute's rationale—that a person's failure to purchase insurance has a negative impact on health care delivery and the structure of the insurance industry, so can be taxed—is squarely within that constitutional standard.I just don't see it. If this is true, then the government could order everybody to buy an anaphylactic pen because not having one would have a negative impact on health care delivery and the structure of the insurance industry.
One of the reasons I haven't had health insurance for most of my adult life is that I refuse to pay a company to cheat and insult me. It makes my stomach knot to contemplate it. Just the thought of it has a negative impact on me and the structure of my life. I honestly don't know what I'm going to do if it's the law of the land in four years. This is not one of the things I ever pictured myself going to jail for.
The Slate article is by Eliot Spitzer, by the way.
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