And, for what its worth, I think that insurance plans should be able
to be sold and compete nationally which definitely makes it interstate
commerce. I question the individual mandate though. I understand the
arguments made by the proponents of the provision that an individual
mandate is essential to make the other bits work. I can see their
point though I'm not entirely happy with it. And even if I was a big
fan of it, something being essential doesn't necessarily make it
constitutional.

Judah

On Mon, Aug 2, 2010 at 11:29 AM, Judah McAuley <ju...@wiredotter.com> wrote:
> I understand about the marijuana case, believe me, and I disagree with
> it. The thing about the health insurance reform law, however, is that
> it is comprised of a rather large number of moving parts. I don't
> think you can easily affirm or toss aside the law as a whole piece. So
> if you want to get down into the details, well, that is going to
> require discovery and something other than a summary judgement.
>
> Judah
>
> On Mon, Aug 2, 2010 at 11:19 AM, Casey Dougall
> <ca...@uberwebsitesolutions.com> wrote:
>>
>> On Mon, Aug 2, 2010 at 1:52 PM, Judah McAuley <ju...@wiredotter.com> wrote:
>>
>>>
>>> That sounds like a fairly reasonable judgement to me. It isn't like
>>> the judge put an injunction in place to stop the law provisions from
>>> taking effect, he just ruled that the issues at hand were serious
>>> enough to warrant a discovery period and, potentially, a hearing. It's
>>> a really complex law, I don't have any problems with people
>>> questioning it in court.
>>>
>>> Judah
>>>
>>>
>>
>> here is how I see it.
>>
>> IF you never leave your state of residence then fine, you don't need health
>> insurance. If you decide to visit another state you are considered
>> interstate goods at that point.
>>
>> look at how a Marijuana case played out...
>> The Court found the federal law valid, although the marijuana in question
>> had been grown and consumed within a single state, and had never entered
>> Interstate Commerce. The court held Congress may regulate a non-economic
>> good, which is intrastate, if it does so as part of a complete scheme of
>> legislation designed to regulate Interstate Commerce.
>>
>> http://en.wikipedia.org/wiki/Commerce_Clause
>>
>>
>> 

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