
Originally Posted by
SadisticNature
It's an opinion piece by a republican senator.
Furthermore, other legal experts have argued that the penalty for not buying insurance is in fact a tax and spend measure, much like a tax benefit for having minor dependents. Again, the bill doesn't legally require Americans to purchase healthcare, it requires them to pay a penalty if they don't, so the entire attempt to connect United States v Lopez (1995) is incorrect.
The "cash for cloture" argument is not something that will stand up in court either, the lack of a case establishing precedent and a long history of similar bills is quite telling.
The benefits markets could potentially be problematic, but a case could be made its akin to financial markets.
In fact the federal reserve act of 1913 also parallels the health care bill:
Congress decided in the Federal Reserve Act that all nationally chartered banks were required to become members of the Federal Reserve System. It requires them to purchase specified non-transferable stock in their regional Federal reserve bank and to set aside a stipulated amount of non-interest bearing reserves with their respective reserve bank (since 1980 all depository institutions have been required to set aside reserves with the Federal Reserve and be entitled to certain Federal Reserve services - Sections 2 and 19). State chartered banks have the option of becoming members of the Federal Reserve System and to thus be supervised, in part, by the Federal Reserve (Section 9). Member banks are entitled to have access to discounted loans at the discount window in their respective reserve bank, to a 6% annual dividend in their Federal reserve stock and to other services (Sections 13 and 7). The Act also permits Federal reserve banks to act as fiscal agents for the United States government (Section 15).[8]
There is a case of requiring banks (corporations are individuals under US law) to purchase something. There are also arguments that the Federal Reserve act would be unconstitutional under the same standards.