Justice Alito: Able to tell the difference between a deadly disease, and the Federal Government

Score one for Justice Alito (and Zero for Justice Breyer):

JUSTICE ALITO: Mr. Carvin, isn’t there this difference between Justice Breyer’s hypothetical and the law that we have before us here? In his hypothetical the harm to other people from the communicable disease is the result of the disease. It is not the result of something that the government has done, whereas here the reason why there is cost- shifting is because the government has mandated that. It has required hospitals to provide emergency treatment and, instead of paying for that through a tax which would be born by everybody, it has required — it has set up a system in which the cost is surreptitiously shifted to people who have health insurance and who pay their bills when they go to the hospital.

MR. CLEMENT: Justice Alito, that is exactly the government’s argument. It’s an extraordinarily illogical argument.

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One Response to “Justice Alito: Able to tell the difference between a deadly disease, and the Federal Government”

  1. The Washington Post doesn’t understand insurance, or markets « Greg’s Weblog Says:

    […] (Bold face added).  Apparently the Washington Post editors are unaware that everyone has to buy food, and so is entangled in the “food market”.  So I guess that Congress can force us to eat broccoli, or at least force us to buy it.  They’re also unaware that everyone has to get around, and so is involved in the “transportation market” (sorry, but if podiatry, urology, and ophthalmology are all part of the same “market”, then so are cars, buses, and shoes).  Further, they seem to have decided that since the Federal Government has imposed market distorting regulations on the health care market, this expands the Constitutional limits on the power of the Federal Government in the health care market.  This is a flawed argument. […]

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