Commentary Magazine


Topic: insurance mandate

RE: What the Health-Care Bill Means

John, the opponents are wasting no time with the legal challenges. In my e-mail box bright and early is a message from the Virginia attorney general (a conservative swept into office on a wave of anti-Obama sentiment):

The Office of the Attorney General of Virginia will move forward with our lawsuit against the federal government and its unconstitutional overreach of its authority with the passage of the federal health care bill. We will file our complaint with the court as soon as the president signs it into law.

With this law, the federal government will force citizens to buy health insurance, claiming it has the authority to do so because of its power to regulate interstate commerce. We contend that if a person decides not to buy health insurance, that person — by definition — is not engaging in commerce, and therefore, is not subject to a federal mandate.

Virginia is in a unique situation that allows it the standing to file such a suit since Virginia is the only state so far to pass a law protecting its citizens from a government-imposed mandate to buy health insurance. The health care reform bill, with its insurance mandate, creates a conflict of laws between the federal government and Virginia. Normally, such conflicts are decided in favor of the federal government, but because we believe the federal law is unconstitutional, Virginia’s law should prevail.

Just being alive is not interstate commerce. If it were, there would be no limit to the U.S. Constitution’s commerce clause and to Congress’s authority to regulate everything we do. There has never been a point in our history where the federal government has been given the authority to require citizens to buy goods or services. … The suit will be filed in the United States District Court for the Eastern District of Virginia, Richmond Division.

You can imagine that dozens of suits will follow. This then becomes an issue in every state attorney general’s race. And in state legislative races, Republican candidates will promise to pass state laws prohibiting mandatory insurance. ObamaCare then becomes the issue not only in every congressional and Senate race but in state races too. It is in some ways a GOP-campaign godsend.

John, the opponents are wasting no time with the legal challenges. In my e-mail box bright and early is a message from the Virginia attorney general (a conservative swept into office on a wave of anti-Obama sentiment):

The Office of the Attorney General of Virginia will move forward with our lawsuit against the federal government and its unconstitutional overreach of its authority with the passage of the federal health care bill. We will file our complaint with the court as soon as the president signs it into law.

With this law, the federal government will force citizens to buy health insurance, claiming it has the authority to do so because of its power to regulate interstate commerce. We contend that if a person decides not to buy health insurance, that person — by definition — is not engaging in commerce, and therefore, is not subject to a federal mandate.

Virginia is in a unique situation that allows it the standing to file such a suit since Virginia is the only state so far to pass a law protecting its citizens from a government-imposed mandate to buy health insurance. The health care reform bill, with its insurance mandate, creates a conflict of laws between the federal government and Virginia. Normally, such conflicts are decided in favor of the federal government, but because we believe the federal law is unconstitutional, Virginia’s law should prevail.

Just being alive is not interstate commerce. If it were, there would be no limit to the U.S. Constitution’s commerce clause and to Congress’s authority to regulate everything we do. There has never been a point in our history where the federal government has been given the authority to require citizens to buy goods or services. … The suit will be filed in the United States District Court for the Eastern District of Virginia, Richmond Division.

You can imagine that dozens of suits will follow. This then becomes an issue in every state attorney general’s race. And in state legislative races, Republican candidates will promise to pass state laws prohibiting mandatory insurance. ObamaCare then becomes the issue not only in every congressional and Senate race but in state races too. It is in some ways a GOP-campaign godsend.

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