But you know, AG Jackley, as you and your mostly Republican pals sue Uncle Sam, keep in mind the following:
- You'll also have to argue against something your own party, big business, and the insurance industry have been asking for for years.
- Paging Mitt Romney (and other socialists): "We insist that everybody who drives a car has insurance. And cars are a lot less expensive than people."(Perhaps Romney's defense of the insurance mandate can be included in the amici curiae for the federal government.)
- John McCain floated the idea back in the early 1990s... but back then it was a convenient rhetorical device to offer in response to the Clinton health care plan. Funny how (a) the Republicans never followed up when they retook Congress in 1994 and (b) how the Republicans consistently define their position by taking whatever the Democratic President proposes and prefixing not.
- Tom Schaller of FiveThirtyEight says you're wrong... unless you plan to annul some of our favorite social insurance mandates, like Medicare and Social Security.
- This post from a Con. Law prof linked by Mr. Woodring says you have an uphill fight.
- Your main argument seems to be that the health insurance mandate is a tax on living, a requirement to take part in commerce. You argue it differs from auto insurance mandates in that people can choose not to drive and thus not have to buy insurance. Well, people have been known to choose not to live....
- "Just like people are required to have car insurance, they could be required to have health insurance." Tommy Thompson, HHS Secretary under GW Bush, Sep. 2008.
- But the government already does mandate coverage on every living person: I have to buy clothes, don't I? (Oh, wait: I could knit... ;-) )