Right Thinking From The Left Coast
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Thursday, October 07, 2010

Today In Healthcare

A Michigan judge has ruled that the insurance mandate is legal under the Commerce Clause.

Far from “inactivity,” by choosing to forgo insurance plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now through the purchase of insurance, collectively shifting billions of dollars, $43 billion in 2008, onto other market participants

Ilya Somin:

The opinion also claims that the Commerce Clause covers “economic decisions” as well as “economic activity.” “Economic decisions,” by this reasoning include decisions not to engage in economic activity. That, however, would allow the Commerce Clause to cover virtually any decision of any kind. Pretty much any decision to do anything is necessarily a decision not to use the same time and effort to engage in “economic activity.” If I choose to spend an hour sleeping, I necessarily choose not to spend that time working or buying products of some kind.

In other words, the judge is grasping for anything to pin this on.  This is going to go all the way to SCOTUS before it’s over.

Well, at least Obama carved out special exemptions to the healthcare law for various politically powerful industries, including McDonald’s.  The logic is that it will prevent them from canceling the cheap insurance they provide to their employees.  The problem is that we don’t all have the ear of Congress.  So smaller, less-connected businesses will get hit with the full weight of the healthcare bill while big businesses get waiver.

And I’ll give you three guesses as to who got the biggest waiver.

Posted by Hal_10000 on 10/07/10 at 08:46 PM in Health Care  • (0) TrackbacksPermalink
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