A number of state attorneys general are preparing a constitutional challenge to the provision of the health care reform bill placing a tax on those who do not purchase health insurance. I do not believe that this case, regardless of the outcome, will affect the implementation of health care reform: there are all sorts of other ways the government could use the tax system to penalize those who do not purchase insurance other than a direct lump sum tax.
The case does raise an interesting constitutional question, though: does the commerce clause allow the government to fine people for not purchasing a product? I'm not sure what the answer is -- this will almost certainly go to the Supreme Court, though, so we will likely find out. This should be fun.
---linuxrocks123
The case does raise an interesting constitutional question, though: does the commerce clause allow the government to fine people for not purchasing a product? I'm not sure what the answer is -- this will almost certainly go to the Supreme Court, though, so we will likely find out. This should be fun.
---linuxrocks123