House Republicans Accidentally Accept The Constitutionality Of The Affordable

[cal04]

House Republicans Accidentally Accept The Constitutionality Of The Affordable Care Act
http://thinkprogress.org/health/2012/03/23/450627/house-republicans-accidentally-accept-the-constitutionality-of-the-affordable-care-act/

On Thursday, House Republicans stripped language from their own health care bill that could “undermine their argument that the Democrats’ 2010 healthcare law abused the Commerce Clause of the Constitution,” The Hill’s Pete Kasperowicz reports. That language, included in H.R. 5, a bill to repeal the Affordable Care Act’s Independent Payment Advisory Board (IPAB), read:

Congress finds that the health care and insurance industries are industries affecting interstate commerce and the health care liability litigation systems existing throughout the United States are activities that affect interstate commerce by contributing to the high costs of health care and premiums for health care liability insurance purchased by health care system providers

The administration is deploying this very argument in defense of the Affordable Care Act at the Supreme Court next week, insisting that since health care costs “affect interstate commerce,” the Constitution’s commerce clause empowers Congress to regulate the industry and require everyone to purchase coverage in an effort to lower insurance premiums. As a result of the mandate — that is, if people are required to purchase insurance before they fall ill — Congress can require insurance companies to accept all applicants, regardless of their pre-existing conditions, and offer more affordable coverage to those who need it most.

H.R. 5 passed the House on Thursday, but even with the last minute change, the final version of the bill still includes language that resembles the administration’s claim that Congress can regulate the purchase of health care under the Constitution’s Commerce and Necessary and Proper clauses:

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[elleng]

1. They 'accidentally' acquired SANITY!!!

[ProSense]

4. That happens

because their argument is bogus. Easy to get tripped up when pushing distortions.

[MisterP]

2. given that the individual mandate has long been a GOP goal, it's no surprise...

[Ikonoklast]

3. The SC will start hearing arguments on the ACA on Monday.

We'll soon see.