Government

Play-by-play analysis of Supreme Court hearings on Obamacare Individual Mandate

Apr. 6, 2012 11:36am

Will Cain is an analyst for TheBlaze and a contributor to CNN. In his role for The Blaze, he provides commentary and analysis on the 2012 presidential election and other major political events. Cain frequently contributes to a wide range of CNN shows and has also been an analyst for National Review where he hosted the video interview series “Off the Page.” He has interviewed guests such as Sen. Jon Kyl, and UN Ambassador John Bolton, and moderated debates between National Review and The Nation. Prior to hosting and producing, Cain financed, bought and sold two digital and print media companies. Quince Media was a Hispanic media company that garnered Cain the accolade of 40 Most Influential People in the Magazine Industry (Folio 2007). Cain Communications was a community newspaper group in Texas sold to Stephens Media. Cain is a licensed attorney in Texas.

We all knew it would come to this. Is the individual mandate within Obamacare constitutional?

The government made the case last week that your inactivity, if you were to decline to buy health insurance, was actually an activity that effects interstate commerce and something Congress can regulate.

Justice Antonin Scalia argued otherwise:

If the government can make you buy health insurance, what can’t they make you do? Where is a limiting principle?

Is health care unique or is it a market that the government can regulate?

Enter Justice Scalia’s broccoli argument:

Chief Justice John Roberts, unlike Justice Scalia, accepted that the health care market may be unpredictable, but doesn’t see it as that unique:

Halftime recap:
-The government has argued that Congress has the ability to regulate your inactivity, through the commerce clause, because health care is unique.
-The government argues that health care is a market, and is unpredictable in comparison to other markets like emergency services.

For Justice Alito, this argument still doesn’t show where Congress’s powers will be limited for so many other scenarios, like burial services for instance.

The government’s response to this is that different than the market for burial services, there is already a regulatory environment for health care services:

Considering the logic we’ve heard from the government thus far, Justice Anthony Kennedy wants to know if Congress can create commerce.

The Solicitor General representing the government could not answer the question. Luckily, Justice Stephen Breyer came to the rescue:

It all comes back to the search for a limiting principle. An answer to the question: If Congress can do this, what can’t Congress do?

Unfortunately for supporters of Obamacare, that question was never really answered.

(video intros written by Chris Santarelli)

Comments (2)

  • billythekid
    Oct. 10, 2012 at 3:17am

    also, i would be flattered if i actually got a response, i would love to be proved wrong by some good old constitutional logic, maybe that way i would be able to consider that public healthcare isnt a good idea…maybe. mainly, considering i am the only two comments on this page and i like the page and your general style of writing on this site, i would like to know why i am wrong from the actual author. that woudl be awesome. also ur clearly smart and competent, why r u on this site, half the **** on this site is retarded

    Report this comment

    billythekid  
  • billythekid
    Oct. 10, 2012 at 3:11am

    to will cain, just saw you on bill maher, i gotta say you are a great debater, definitely not a fair match between you and kerry washington. i looked you up after that and found this article. while i agree that the solicitor general was not cut out for this meeting, medicare IS different. not only does a “consumer” not know if and when they will purchase, they also do not know the MAGNITUDE of the purchase they will be FORCED (life and death) to make. maybe one man cannot afford brain surgery done well by an expensive or at least quite adequately trained surgeon, but he will die without it. many men can spread this NECESSARY cost. this is similar to emergency services like police. i cannot pay for a fleet of armed men to protect me from burglars, but together we can pay for the NECESSARY force of the law and keep the entire emergency service system capitalistic in its inner workings if not its overall funding. in this way, the obamacare mandate IS NOT similar to cell phone or grocery purchase as the “minimum magnitude” of a future purchase is not unknown and is also not necessary for some individuals to CONTINUE BEING ALIVE. besides this obvious distinction and flaw in the arguments of your series of videos, i dislike that you support getting rid of obamacare on the basis that one incompetent general solicitor could not defend himself against the barrage of many justices. also, the country needs this. ALSO, ur too smart to be on the same site as glenn beck, fo re

    Report this comment

    billythekid  

Sign In To Post Comments! Sign In

Sign Up For Our Newsletter!

TheBlaze

Channel Finder

Find TheBlaze on your TV

This zipcode is invalid, please try again

Channel Finder

TheBlaze is available on channel .

Spread the word!

If you can't find TheBlaze, please call to upgrade your package

Channel Finder

Unfortunately, TheBlaze is not available on .

But you can help! Call at or press CONTINUE to email your provider and urge them to add TheBlaze to your channel lineup.

But you can help! Press CONTINUE to email your provider and urge them to add TheBlaze to your channel lineup.

Continue

Request TheBlaze

Please complete the form

I would like to receive news and information from TheBlaze.
Skip

Thank you for supporting TheBlaze

Interested in doing more? Spread the word about TheBlaze to your friends and family.

Spread the word!

TheBlaze Magazine
Restoring Love