“Tuesday, March 23 marked the two-year anniversary of the passage of the Patient Protection and Affordable Care Act of 2010 (PPACA) and the largest transfer of power from Congress to the Administration in the history of this nation. As the Supreme Court hears arguments about PPACA on Constitutional grounds – the individual mandate, in particular – let’s not be lulled into thinking its broader assumptions and provisions are otherwise innocuous or valid. Setting aside the need to address legitimate reform, including egregious problems with pre-existing condition rules on the insurance side, there’s the bigger problem of healthcare delivery and the fundamental safety of this sector of the industry.”
“Hitherto, most attention has been given to whether Congress, under its constitutional power to regulate interstate commerce, may coerce individuals into engaging in commerce by buying health insurance. Now the Institute for Justice (IJ), a libertarian public interest law firm, has focused on this fact: The individual mandate is incompatible with centuries of contract law. This is so because a compulsory contract is an oxymoron.”
“The Obama administration rushed its landmark health law to the Supreme Court to get some clarity over its future. So far, all they have is mud. After three days and six hours of arguments, a core provision in President Barack Obama’s signature health law appears to be in serious danger. And Wednesday, it looked quite possible that the entire law could fall.”