Can the Government Force Us to Eat Broccoli?

By Andrew P. Napolitano

The Supreme Court’s decisions upholding Obamacare in 2012 was a travesty, and that decision by itself makes Chief Justice John Roberts one of worst Chief Justices ever. From Andrew Napolitano at lewrockwell.com:

“The Constitution is not neutral. It was designed to take the government off the backs of the people.”
— Justice William O. Douglas (1898-1980)

With President Donald Trump’s nomination of Judge Amy Coney Barrett to the Supreme Court, the Affordable Care Act — Obamacare — is back in the news. Barrett expressed constitutional misgivings about Obamacare 10 years ago when she was a professor at Notre Dame Law School, and some folks who oppose her nomination have argued that should she be confirmed in the next month, she should not hear the Nov. 10 arguments on Obamacare.

Wait a minute. Didn’t the Supreme Court already uphold Obamacare in 2012? Yes, it did. So why is the constitutionality of this legislation back before the Supreme Court?

Here is the backstory.

The ACA of 2010 marked the complete federal takeover of regulating health care delivery in America. It eliminated personal choices and mandated rules and regulations on almost all aspects of health care and health care insurance. It created a complex structure that, at the back end, directed the expenditure of hundreds of billions of dollars on health care and, at the front end, received health insurance premiums from or on behalf of every adult in America.

To assure that every adult obtained and paid for health care coverage, the ACA authorized the IRS to assess those who failed to have health insurance about $8,800 a year and use that money to purchase a bare-bones insurance policy for them.

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