The Health Care law's individual mandate to buy health insuance is now two for two. Two federal district courts have held that the provision is constitutional and two have held it is not. The argument revolves around whether the Commerce Clause can be used to regulate non-activity i.e. the failure to purchase health insurance. The issue is novel because the government has never before required individuals to buy a good or service as a condition of lawful residence in the U.S.
The freedom fighters, 26 states and various individuals are concerned that reading the Commerce Clause to allow Congress to require individuals to purchase health insurance would also permit Congress to regulate "any and all aspects" of our lives - including marriage. Where were these people when Congress passed DOMA? Congress has already passed a law that says who can be married under federal law so why is requiring people to buy insurance such a streach?
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If you can't distinguish between recognition of some qualifying status solely for purposes of federal tax treatment (e.g. marriage) and forcing you to purchase something just because the federal gov't says you must (e.g. health insurance), then you are beyond reason.
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