The question with the passage Sunday of Democratic health legislation now becomes: Who will arrive first to slay this monster, the voters in November or the U.S. Supreme Court?
Beyond its many policy flaws, the legislation raises some serious constitutional problems that could send the high court into unexplored territory. Can, for example, the federal government force you to buy health insurance? Put aside questions about the wisdom of this coercion; we're told it's required because unless the healthy who are uninsured by choice are forced to subsidize everyone else, the entire plan will fall apart.
But the constitutional question remains. Can the federal government make you buy a specific good or service? Smarter minds than mine claim this is the first time in history that the federal government has enthroned itself with such power. Plaintiffs will line up to file court challenges against this and other constitutional issues raised.
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