Colorado Amendment 63, the commerce clause, & the Constitution

Tuesday, August 31st, 2010

In his article in support of Colorado Amendment 63 (health care choice), Wayne Laugesen writes: Congress has no authority to require individuals to buy private insurance, which is the basis of the lawsuit filed by states. It has no such authority because the Constitution does not grant it, not ...

Colorado Amendment 63, risk pools, & health care costs

Tuesday, August 24th, 2010

A July 30 statement from a group calling itself "Colorado Deserves Better" said that Colorado Amendment 63 (Health Care Choice) "would isolate Colorado from health care costs savings by shrinking the risk pool in Colorado."  This is unlikely, and even so, it's unethical. Even if larger risk ...

Explaining Colorado Amendment 63: Right to Health Care Choice

Tuesday, August 10th, 2010

Barring unforeseen obstacles, The Colorado Right to Health Care Choice Initiative (Colorado Amendment 63) will be among the ballot measures Colorado voters can vote on in this November's election -  in addition to others in Colorado politics. Some people are bound to misunderstand what the amendment would do, and not ...

Can Missouri’s Prop. C block Feds from enforcing mandatory insurance?

Monday, August 9th, 2010

The St. Louis Business Journal reports: Voters overwhelmingly approved Proposition C at Tuesday's election, but it will likely be overturned in court, law and health-care experts say. Proposition C creates a law banning the government from forcing Missourians to buy health insurance under the federal health-care overhaul [HR 3590] starting ...

It’s Not Health Care ‘Reform’; It’s Exploitation

Thursday, July 22nd, 2010

Pajamas Media has published my article on health care exploitation. It begins: Scratch a health care “reformer” and you’re likely to find a health care exploiter. As ObamaCare’s provisions and taxes begin and resistance builds through lawsuits and state-level measures, it’s important to see the exploitative motives driving increased political control of your medical care. ...

Kagan: Constitution may authorize feds to mandate what you eat

Wednesday, July 7th, 2010

From Michael Tanner at Cato: Suppose that the federal government, in its infinite wisdom, decided that it would deal with the obesity crisis and improve the health and welfare of the American people — by mandating that every American eat three helpings of vegetables and three helpings of ...

Jail time for not having (legal) health insurance?

Tuesday, June 15th, 2010

When the mandatory insurance provisions of the health control legislation (HR 3590) kick in, will not having medical insurance (as defined by politicians) land you in prison? Short answer: The process is the same as if you don't pay your taxes. You could end up in prison, but that usually does ...

Health care: both an entitlement & an individual responsibility?

Thursday, May 27th, 2010

Is it possible for health care to be both something you're entitled to and an individual responsibility?  I think not.  If you're "entitled" to health care, then other people are responsible for providing it to you. But if you are individually responsible for "payment of health care costs," then it's ...

Mandatory insurance violates your medical privacy

Monday, May 24th, 2010

Dave Kopel notes: Among the lawsuits filed against Obamacare is a class action in the Southern District of Mississippi. Class representatives, for residents of Mississippi who do not wish to be subject to the health insurance purchase mandate,  include State Senator Chris McDaniel and Lt. Governor Phil Bryant. The complaint is available ...

Randy Barnett on why mandatory insurance is unconsitutional

Friday, April 30th, 2010

In December I blogged about law professor Randy Barnett's article published by the Heritage Foundation on why mandatory insurance is unconstitutional. Earlier this week The Wall Street Journal published Barnett's article on how supporters of the new health control legislation are changing tactics: First Congress said it was a regulation of ...