Tuesday, December 22, 2009
Is it Legal?
"A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government." Congressional Budget Office statement from 1994
"...Senators and Representatives need to know that, despite what they have been told, the health insurance mandate is highly vulnerable to challenge because it is, in truth, unconstitutional." Randy Barnett, Nathaniel Stewart, Todd F. Garzino, Legal Memorandum #49 The Heritage Foundation
Who knows? But it looks like it could be an interesting question regardless how hard the Democrats try to downplay the issue.