Can Congress Make Health Insurance Obligatory?
What are the implications of the U.S. Federal Court finding this week that Congress cannot force people to engage in a commercial activity, in this case buying an insurance policy?
Judge Hudson’s ruling on health care reform rightly tests the limits of federal power. “Indeed, the court has never confronted a federal statute that forces people to engage in some action like this. The conservative justices in particular will no doubt wonder what else Congress can make Americans do if it can make us buy health insurance. Can Congress tell us to join a gym because fit people have fewer chronic diseases? Can Congress direct us to purchase a new Chrysler to help Detroit get back on its feet?”
