Coffeehouse Post

Single Post Permalink

View Thread: Why Obamacare Was Ruled Unconstitutional
  • User profile image

    "They were in a hurry... and the constitution is several pages long."

    So good Wink

    @magicalclick: The United States Constitution... to quote part of the ruling:

    Or what if two of the purported “unique” factors [of the health-care market] — inevitable participation coupled with cost-shifting — are present? For example, virtually no one can opt out of the housing market (broadly defined) and a majority of people will at some point buy a home. The vast majority of those homes will be financed with a mortgage, a large number of which (particularly in difficult economic times, as we have seen most recently) will go into default, thereby cost-shifting billions of dollars to third parties and the federal government. Should Congress thus have power under the Commerce Clause to preemptively regulate and require individuals above a certain income level to purchase a home financed with a mortgage (and secured with mortgage guaranty insurance) in order to add stability to the housing and financial markets (and to guard against the possibility of future cost-shifting because of a defaulted mortgage), on the theory that most everyone is currently, or inevitably one day will be, active in the housing market?


    Alas... this comes too late for those who have or are scheduled to lose their insurance as a result of the law in the first place... but still a good step along the way.