Saturday, January 21, 2012

Recommended: A Supreme Obamacare test

George Will has a good opinion piece today in the Washington Post entitled A Supreme Obamacare test. He lays out what is at stake in the Supreme Court challenge to ObamaCare.

The real issue of importance isn't about health care, though that is the substance of this law. The real issue is about how far Congress's power extends. As one lower court judge asked, if Congress can compel citizens to buy health insurance because it is good for us, can Congress also compel us to eat broccoli on the same basis?

And there is a financial issue here as well. Obamacare, as currently written, can COMPEL states to spend most of their budgets on Medicare. Should Congress have the power to compel states to do that, even if it puts them into bankruptcy?

I agree with George Will. This is probably the most significant constitutional issue to come before the Supreme Court in decades, and goes far beyond the liberal-conservative disagreement about solving health care, though that is what will probably get most of the play in the press.