But by agreeing with Barnett that Congress does not have the power to require people to buy health insurance under the Commerce Clause, he said, it was a victory anyway.
FORBES: Barnett: Mandate May Be A Tax, But It Sure Isn't A Requirement
Chief Justice Roberts ruled that the ACA mandate to purchase health insurance under the Commerce Clause unconstitutional, a mini victory for opponents of ACA. In my view, calling it a tax is hard to swallow.
Given how game-changing this is, surprisingly few insurance companies even know about this clause given the threat and opportunity it poses.
FORBES: "David Clause" in Obamacare Ready to Slay the Healthcare Cost Beast
Having held that the individual insurance requirement was unconstitutional under the Commerce Clause, the fate of Obamacare rested on whether the mandate could be imposed as part of the taxing powers afforded to Congress.
Specifically, the issue is whether Congress can invoke its Commerce Clause power to compel individuals to buy insurance as a condition of lawful citizenship or residency.
FORBES: Middle District of Pennsylvania Rules Three Obamacare Provisions Unconstitutional
Speaking of the Constitution, the Obama administration is arguing in federal court that the U.S. government's ownership of AIG, which happens to be the largest purveyor of shariah-compliant insurance products in the world, does not violate the Establishment Clause's separation of church and state.
Last month, the U.S. Court of Appeals for the Sixth Circuit was the first appellate court to reach a decision on whether the Commerce Clause authorizes Congress to force private citizens to purchase healthcare insurance under penalty of federal law.
The federal health reform bill included a little-noticed clause allowing for Direct Primary Care (DPC) models to be a part of the state health insurance exchanges.
FORBES: The Marcus Welby/Steve Jobs Solution to the Medicaid-driven State & County Budget Crisis
By what stretch of the imagination (or the commerce clause), they ask, does the constitution give the feds the power to force citizens to buy insurance they do not want?
应用推荐