[quote user="DavenIII"][quote user="Morehead State"]
Don't be fooled by the nature of the questions Daven. especially from Justice Kennedy. I would tend to believe that in the end the court (by 5-4 or 6-3) will UPHOLD the individual mandate.</P>
I think they will be very reluctant to overturn an act of Congress. I would think the basis is that since the Congress has the power to regulate commerce under the Commerce Clause of the US Constitution, they will decide that all Americans are, by definition participants in the commerce of Healthcare. therefore the Congess has the power to compell US citizens to purchase insurance.</P>
I believe that the individual mandate is <U>unconstitutional,</U> but I believe the court will uphold it.</P>
But how can they say that all Americans are "by definition" participants of Health care "Insurance" it's entirely possible to not have Health Care "Insurance" but still pay for your own Health Care.
Health care insurance and health care are separate things.
I sincerely hope that at least the individual mandate is over turned because to me it seems obvious that our government should not have the ability to force it's citizens to pay for a product that they don't particular want or need.
The argument of thr administration is that Health Care insurance and "Health Care" in general are the same market. One supports the other. I just have a feeling that Kennedy is not apt to overturn an act of Congress unless there is a blatant violation of the Constitution. The argument is gray at best. </P>
I'm not saying that I agree, I just think thats how they would rule. And given Roberts repect for the Supreme Court, I would not be surprised to see him go over to the "wrong" side" in order to avoid a 5-4 decision on such a monumental issue.</P>
I would obviously be happy to see them overturn the mandate and then the entire bill. Its a horrible law. But I'm just not sure they will.</P>