Prof. Daniel Greenwood Blogs on Constitutional Challenges to Health Care Finance Reform

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The General Welfare

By Daniel JH Greenwood

Dissent Magazine

February 1, 2011



Federal Judge Roger Vinson took another step yesterday in the radical Right’s attack on American self-government. Relying on a newfound constitutional right to free-ride, Judge Vinson held that Congress may not require citizens to pay their fair share of medical insurance costs and declared the entire Patient Protection and Affordable Care Act unconstitutional. Instead, Congress must, according to this novel understanding, allow those who prefer to leave their medical costs to charity and the public fisc to do so. If this reasoning was applied to the Selective Service System, let alone taxation, the implications would be astonishing.

To read the full piece, visit dissentmagazine.org.