David G. Savage
LA Times
Tuesday, Nov 3rd, 2009
Critics say it may be unconstitutional to charge a penalty for not buying a product. Supporters compare the mandate to car insurance requirements.
Reporting from Washington – Among some libertarians and conservatives, the most troubling aspect of the pending healthcare reform bills is the prospect of a federal requirement that Americans buy insurance.
“What next? Can Congress order you to buy spinach?” asked Roger Pilon, director of constitutional studies at the Cato Institute.
He and other defenders of limited federal power foresee a constitutional challenge to the mandate to buy insurance based on the claim that Congress’ power to regulate commerce does not extend to forcing citizens to buy a commercial product.
“I think the individual mandate will be challenged. And it will be a close call,” Pilon said.
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