Virginia v. Sebelius

[Myron Moskovitz]

If Congress had instead enacted a "single payer" health plan, like Medicare,
it would clearly be constitutional: funded by taxes on those who can afford
to pay taxes, subsidizing those who can't pay taxes - valid under tax &
spending clauses of Art. I, Sec. 8.

This was not enacted, because conservatives wanted to keep insurance
companies in the loop.  So bill kept system just described - but instead of
being funded by taxes paid to govt., it's funded by mandated payment of
insurance premiums.

Ironic, isn't it? The more "liberal" system would clearly be upheld, while
the more conservative system is more questionable.


Myron Moskovitz

*Professor of Law*

*Golden Gate** University School** of Law*

536 Mission St., San Francisco, California 94105

Phone: (510) 384-0354; FAX: (415)563-6872; *e-mail*: mmoskovitz at ggu.edu

*website*: myronmoskovitz.com


On Tue, Dec 14, 2010 at 7:45 AM, Steven Jamar <stevenjamar at gmail.com> wrote:

> I guess I'm mandated to own a home because if  don't, I pay a penalty of
> forfeiting the mortgage interest deduction.  And I'm mandated to have a wife
> because otherwise I would pay taxes at the individual rate rather than as a
> "head of household".  And I'm mandated to  . . .
>
> oh, you get the point.
>
>
> --
> Prof. Steven D. Jamar                     vox:  202-806-8017
> Associate Director, Institute for Intellectual Property and Social Justice
> http://iipsj.org
> Howard University School of Law           fax:  202-806-8567
> http://iipsj.com/SDJ/
>
>  "I have the audacity to believe that peoples everywhere can have three
> meals a day for their bodies, education and culture for their minds, and
> dignity, equality and freedom for their spirits."
>
>
> Martin Luther King, Jr., (1964, on accepting the Nobel Peace Prize)
>
>
>
>
>
>
>
> _______________________________________________
> To post, send message to Conlawprof at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>
> Please note that messages sent to this large list cannot be viewed as
> private.  Anyone can subscribe to the list and read messages that are
> posted; people can read the Web archives; and list members can (rightly or
> wrongly) forward the messages to others.
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ucla.edu/pipermail/conlawprof/attachments/20101214/1562dc72/attachment.htm>