Saturday, December 4, 2010

Doesn't matter whether you want it

The government says you will have it.

“Because of the nature of supply and demand, Plaintiffs’ choices (not to buy health insurance) directly affect the price of insurance in the market, which Congress set out in the Act to control.” – U.S. District Judge Norman K. Moon, in suit filed by Liberty University against the Patient Protection and Affordable Care Act of 2009, explaining why an individual’s act of not buying something is under the jurisdiction of the Interstate Commerce Clause of the Constitution of the United States.

http://aca-litigation.wikispaces.com/file/view/District+Court+opinion.pdf

Moon cited Wickard v. Filburn, 1942, a unanimous decision, in which the Supreme Court ruled that farmer Roscoe Filburn was incorrect in believing he could grow as much wheat as he wanted on his land, when the Agricultural Adjustment Act of 1938 gave the federal government power to say how much wheat farmer Filburn could grow, even though Filburn did not sell any wheat outside his local area. Charlie Flagg faced the same bureaucracy in Elmer Kelton’s The Time It Never Rained.
http://orderinthecourt.org/Cases/Wickard-v-Filburn/
Linked from: http://volokh.com/2010/12/02/why-not-purchasing-health-insurance-isnt-an-activity/

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