Florida AG calls insurance mandates unconstitutional “tax on living”

Other than Harry Reid preening over his Pyrrhic victory, at this point who is happy with the Senate's health care legislation? It's certainly not state governments. The New York Times reports that a nearly a dozen state attorney generals are lined up to challenge the legality of the legislation's required insurance mandates. In particular, Florida's attorney general seems really ready to tee this one up:

The attorney general, William McCollum, a Republican who is running for governor in 2010, said that the so-called mandate was “an affront to our country’s principles.” He added that the fine might be illegal because, in his view, it is disconnected from any commercial act.

“It’s a tax on living,” Mr. McCollum said in a telephone conference call with reporters. “It’s a tax on people or a penalty on those who don’t do anything.”

Since the beginning, people have openly questioned the constitutionality of forcing people to buy insurance. If it is declared unconstitutional, that's no small matter. It may make the legislation financially unworkable. You can't force insurers to take on everyone without regard for pre-existing conditions unless you can also vastly increase the size of the risk pool — preferably by forcing lots of young and healthy people on to insurance rolls.

Beltway ConfidentialUS

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

President Donald Trump and Democratic presidential nominee Joe Biden have taken different approaches to transit and infrastructure funding. <ins>(Yuri Gripas/Abaca Press/TNS)</ins>
Bay Area transit has big hopes for a Biden administration

The best chance for local agencies to get relief may be a change in federal leadership

BART Ambassadors are being called on to assist riders in social situations that don’t require police force. <ins>(Kevin N. Hume/S.F. Examiner)</ins>
Unarmed BART ambassadors program formalized with a focus on community service

Public safety and police reform are key elements in campaigns of Board members Dufty and Simon

San Francisco DJ and producer Jah Yzer livestreams most mornings from his home. (Kevin N. Hume/S.F. Examiner)
Roots & Tings build community through music

Lateef the Truthspeaker, Jah Yzer and Winstrong call for voting as a form of healing

On Oct. 13, people lined up to vote early for the presidential election in Southlake, Texas. <ins>(Shutterstock)</ins>
<ins></ins>
Five things to watch for in the run-up to Nov. 3

Down-ballot races, as much as the presidency, will determine the future course of this nation

WeChat (Shutterstock)
U.S. District Court denies Trump request to shutdown WeChat app

A federal judge in San Francisco denied a request by the U.S.… Continue reading

Most Read