I am pretty shocked that the media has not focused on this question. Ann ALthouse has a very good post on this at
What will happen when the requirement that people buy health insurance is challenged in court?
Prof Alhouse states :
"Has anyone promoting this bill even attempted to calculate the economics with the individual mandate excised? Are we going to have the whole lumbering system cranking into operation for years before we find out whether the the individual mandate is unconstitutional? Or is that the scheme? The individual mandate is too big to fail, and the courts will cave."
Exactly. I mean besides being a huge expansion of the commerce clause (Are we sure that the big 5 conservative Judges are going to go with that) there are all sort of individual rights questions.
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