Much of the legal argument for the mandate turns on the ability of people with the freedom not to buy insurance to drive premiums up for everyone else by getting uncompensated care.
Carvin points out to Justice Kennedy that the true rationale for Obamacare’s mandate is different.
It’s not about keeping young, healthy people from shifting costs to others. In that case, you might require them to buy catastrophic coverage.
It’s about shifting costs to those people.
That’s why the mandate actually prohibits the purchase of catastrophic coverage.BRILLIANT.
HE SHOWS THAT OBAMACARE IS AN ATTEMPT TO SHIFT THE INCREASED COSTS OF COVERING ALL PEOPLE - REGARDLESS OF PREEXISTING CONDITIONS - TO HEALTHY YOUNG PEOPLE WHO PROBABLY WON'T BE GETTING HOSPITALIZED AND DON'T REALLY NEED HEALTHCARE INSURANCE AND ARE PROBABLY WISE NOT TO BUY IT.
VAN SUSTEREN: All right, Justice Breyer asked you a question, which is slightly different from those. He asked -- I'm paraphrasing it -- asked if the federal government could not order vaccinations if some terrible epidemic was sweeping the nation, and your answer was what, whether the government could order vaccinations the nation?
CARVIN: There's an old case called Morrison, where the -- people were doing horrible things to women, violence against women. And the Court said, Look, it's a terrible activity, but it's not an economic activity. And what you can regulate under the commerce clause is economic activity.
Vaccinations is not an economic activity. It's protecting the health and welfare of the citizenry. In our system, that's done by the states. The states can control and obviously will control any kind of nationwide epidemic.
But this is an even easier case because the analogy here would be, Can you force somebody to buy a vaccine for somebody else? In other words, I'm not the problem, I'm not the one who's creating the problem, but I am the solution that the government's used.
And that's the key thing to understand. The reason they're compelling the uninsured to buy this insurance, as Congress found, was to lower health insurance premiums because they're bringing in a whole bunch of healthy people into the risk pool, and that way, bringing down the health insurance premiums to counteract the fact that they brought in all these sick people who obviously are going to drive up health insurance premiums.
(OLD PEOPLE ALSO GET SCREWED TOO BECAUSE OTHER ADDED COSTS OF OBAMACARE ARE COVERED BY OBAMA TAKING $500BILLION AWAY FROM MEDICARE.)