Home > Uncategorized > Law and the Market for Health Insurance

Law and the Market for Health Insurance

Sandeep Baliga makes the point I was trying to make, albeit with infinitely more precision.

I continue to be dumbfounded that the supreme court seems likely to overturn the law of the land–a law passed by a popularly elected congress, a congress elected in a year with abnormally high turnout–on a basic misunderstanding of externalities. But as Sandeep points out (correctly in my view) the existing precedent here points toward an understanding of the commerce clause with nearly unlimited scope. The externality argument is not at all necessary here.

Why can’t congress require you to purchase broccoli? Purchasing does not require you to eat it, and it is not the job of the Supreme Court to act as the congress–to decide which laws “make sense”.

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