hortysir
In Memorial of 47
Politics - Brett LoGiurato - Ginsburg Cites Romneycare in Opinion Upholding Obamacare - The Atlantic
Yeah, it's my thread and I don't feel like starting another one, SO:
Ginsburg, however, said it should have been upheld under the Commerce Clause, and explained how Congress followed Massachusetts' lead in preventing only sick people from signing up for health insurance:
Ginsburg continued, citing briefs "noting the Commonwealth's reforms" and "noting the success of Massachusetts' reforms." She noted that the reforms reduced the number of uninsured to less than 2 percent, the lowest rate in the nation.Massachusetts, Congress was told, solved the adverse selection problem. By requiring most residents to obtain insurance ... the Commonwealth ensured that insurers would not be left with only the sick as customers. As a result, federal lawmakers observed, Massachusetts succeeded where other States had failed.
"In coupling the minimum coverage provision with guaranteed issue and community-rating prescriptions, Congress followed Massachusetts' lead," Ginsburg wrote.
I think that's exactly what pushed Roberts over.
Ginsburg was wanting to bust the commerce clause wide open, giving the gov't unlimited definitions within the clause.