General Discussion
In reply to the discussion: It time to put an end to the GOP talking point repeated here on DU again and again. [View all]JoePhilly
(27,787 posts)Even if you trade chickens to do so.
You even participate via your contributions to Medicare tax.
And the penalty is treated as a TAX. That's why the IRS collects it.
BTW ... As I understand it, the court ruling in Wickard vs. Fishburn creates a precedent for the HCR mandate.
Or do I miss read it? Or are you claiming that ruling, and the subsequent one you mention were wrongly decided?
Also ... I'm not sure how you compare HC to those anyway ... no one is growing HC for their own use. The vast majority of Americans obtain HC from the HC market. And congress gets to regulate that market.
A better comparison might be this ... you can have a cow, and milk it, and drink that milk. But the law won't let you sell that milk without meeting some regulations.
Also, the HC industry has a rather unique element. If you collapse in the street, you get treated regardless of your ability to pay. In that situation, the industry is required to provide a product to some one who can't pay for it. That has a direct effect on the HC market.
Now ... how the current SC will rule we have no idea. I suspect that if the current President was Romney, the conservative judges would up hold the mandate and also declare the requirement for coverage of pre-exiting conditions unconstitutional.
In other words, no matter what the current court does, I doubt it provides a reasoned position on this topic.