JUSTICE SOTOMAYOR: General, I see or have seen three strands of arguments in your briefs, and one of them is echoed today.
The first strand that I’ve seen is that Congress can pass any necessary laws to effect those powers within its rights, i.e., because it made a decision that to effect — to effect mandatory issuance of insurance, that it could also obligate the mandatory purchase of it.
The second strand I see is self-insurance affects the market; and so, the government can regulate those who self-insure.
And the third argument — and I see all of them as different — is that what the government is doing — and I think it’s the argument you’re making today — that what the — what the government is saying is if you pay for — if you use health services, you have to pay with insurance, because only insurance will guarantee that whatever need for health care that you have will be covered, because virtually no one, perhaps with the exception of 1 percent of the population, can afford the massive cost if the unexpected happens.
I think accurately state, and it shows what’s so wrong with ObamaCare
1: What Justice Sotomayor, “General” Verrilli, and the Democrats in Congress and the White House have all missed is that the phrase is “Necessary and Proper“, not just “Necessary”. While the Individual Mandate is Necessary for the Democrats scheme to work, it is not Proper, and thus it fails.
2: What government ordered health insurance will “guarantee” is that your politically approved “needs” will be met. But that if the government review board decides your “need” isn’t “needy” enough, you’re toast. Because no one, not even the US Government, can pay to cover all of everyone’s health care “needs”. ObamaCare changes who gets to decide, but it doesn’t change that a decision has to be made.