Home > law, philosophy, regulation > Health Care Reform Supporters Get Ahead of Themselves

Health Care Reform Supporters Get Ahead of Themselves

Here is a letter to the St. Petersburg Times:

Robyn Blumner applauds conservative Judge Jeffrey Sutton’s ‘heroic’ ruling to uphold the constitutionality of the Affordable Care Act’s compulsory individual mandate, while championing his so-called ‘uncompromising objectivity’ and ‘willingness to do his job fairly without ideological influence’ (A vote for upholding health reform, July 17).

But while Ms. Blumner is busy celebrating the simplicity in which the opinion ‘slices and dices the key arguments made by those who claim the individual mandate that requires almost everyone to obtain health insurance or pay a penalty is unconstitutional,’ she and her fellow supporters of the health care legislation, as well as the 6th Circuit Court of Appeals ruling shouldn’t be popping the champagne just yet.

Absent from Ms. Blumner’s analysis of the ruling is the inconvenient fact that Judge Sutton explicitly concedes that neither the Supreme Court nor the Constitution has ever upheld the power he claims is constitutional – acknowledging in his opinion that “The Court, for one, has never considered the validity of this type of mandate before, at least under the commerce power. . . .”

Brad R. Schlesinger

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  1. July 31, 2011 at 8:28 pm

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