I contend that the US Supreme Court ruling would be 7 to 2 in favor of upholding The Health Care Reform Act!
Chief Justice John Roberts is no William Rehnquist! Roberts is fully cognizant that the Bush v. Gore case literally tarnished America’s last hope for justice and it is my contention that Justice Roberts, would have adjudicated this case based on its constitutionally and not its Politics.
Congress’s power to regulate the national healthcare market is unambiguous. Article I of the U.S. Constitution authorizes Congress to regulate interstate commerce. The national market in healthcare insurance and services, which Congress found amounts to over $2 trillion annually and consumes more than 17% of the annual gross domestic product, is unquestionably an important component of interstate commerce. One of the Framers’ primary goals was to give Congress the power to regulate matters of national economic significance because states individually could not effectively manage them on their own. The problems facing the modern healthcare system today are precisely the sort of problems beyond the reach of individual states that led the Framers to give Congress authority to regulate interstate commerce.
Opponents of healthcare reform argue that a person who does not buy health insurance is not engaging in any commercial “activity” and thus is beyond Congress’s power to regulate. But this argument misapprehends the unique state of the national healthcare market. Every individual participates in the healthcare market at some point in his or her life, and individuals who self-insure rather than purchase insurance pursue a course of conduct that inevitably imposes significant costs on healthcare providers and taxpayers.
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