Forced Coverage

[Justin Bilyj]

Thats because MA judges are just as bad as California judges, legislators from the bench..

 

[Crabcake Johnny]

Greater Boston

 

[somarco]

You are missing the point.

This is an entirely different argument.

 

[Crabcake Johnny]

It's an interesting point but one that can be made regarding auto insurance.

If I choose to drive, can't I maintain that the state cannot compel me to enter into an insurance contract against my will?

My state can argue that if I choose to drive, I must choose a carrier and sign an insurance contract. In theory, I could sue and strike that down. In fact, a few (2 or 3?) states will allow drivers to post a bond in lieu of obtaining auto insurance. Under your theory I could force MD to do the same.

 

[VolAgent]

My state can argue that if I choose to drive, I must choose a carrier and sign an insurance contract. In theory, I could sue and strike that down. In fact, a few (2 or 3?) states will allow drivers to post a bond in lieu of obtaining auto insurance. Under your theory I could force MD to do the same.

You choose to drive, you don't choose to be born. There is a world of difference between requiring a driver carry auto insurance, and requiring someone purchase health insurance simply because they are alive.

 

[Crabcake Johnny]

I agree and think the mandate is illegal. Congress may have the right to regulate commerce but they don't have to right to "create" it by forcing people to buy the products of public/private companies.

 

[somarco]

There is a world of difference between requiring a driver carry auto insurance, and requiring someone purchase health insurance simply because they are alive.

True, but this argument deflates the Constitutional attack on the mandate. It virtually says, OK, if you want to make health insurance mandatory then understand you are forcing me in to a contract that can be voided in any court.