. It was hard to find a law professor in the country who took them seriously. “The argument about constitutionality is, if not frivolous, close to it,” Sanford Levinson, a University of Texas law-school professor
Orin Kerr, a George Washington University professor who had clerked for Justice Anthony Kennedy, said, “There is a less than one-per-cent chance that the courts will invalidate the individual mandate.”
Max Baucus, the chairman of the Senate Finance Committee, included an individual mandate in the first draft of his health-care bill. The main Democratic holdout was Senator Barack Obama.
Of course now we know that Obama has changed his mind on the mandate, and so have a horde of politicians who were for the mandate before they were against it, or against the mandate before they were in favor of it.
Truth is, a politician is for or against something based not on sound judgement, or even principle, but rather on whether or not they want to be elected or re-elected.
They also have no clue how their legislation will impact the individuals or businesses until after the law is passed and implemented.
In principle, I am opposed to the mandate for many reasons, not the least of which is I believe government intrusion in almost every aspect of our lives is excessive. But if the mandate is upheld, it should apply only to catastrophic policies with deductibles that comply with Treasury rules for establishing an HSA. The policies should also be free of clutter by allowing them to bypass most state imposed mandates that add an average of 30% to the premiums.
Health insurance should be a Bozo free zone.