It appears to me to be “judicial activism”. A federal judge in Virginia … a George W. Bush nominee … has ruled the coverage mandate of the health care reform plan unconstitutional. Two other federal judges … Clinton nominees … have ruled the opposite. What will happen in two years when the question, presumably, will wind up in the hands of the ideologically-divided Supreme Court?
Without the everybody-gets-insured mandate, the pool will not be big enough to sustain the plan. The argument is that government doesn’t have the right to force people to buy health insurance. However, government does require people to buy auto insurance and doctors to carry malpractice insurance. Those mandates have been approved repeatedly in the courts.
Meanwhile, the health care coverage mandate … set to take effect in 2014 … remains intact, pending appeals. The issue may ultimately be decided by the highest court in the land … on another of those 5-to-4 votes.
Our thought for today is from Oliver Wendell Holmes, Jr.:
“This is a court of law, young man, not a court of justice.”