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[Tex]

I was hearing today that amid the giddyness of Republicans being able to overhaul the health care bill comes the sobering reality that plans are already underway to comply. The expense of complying, then changing to something new, could be a nasty little surprise to some folks.

Also

What does it say about an industry that is against a law that would dump millions of new paying customers in their laps?

[Balta1701]

For one more, here's a summary of an early 20th century decision by the Court on how the government could require people to be subject to things like vaccinations even though declining to participate was not engaging in the activity.

Near the end of his opinion, Judge Hudson raises a separate constitutional concern, almost as an afterthought. “At its core, this dispute is not simply about regulating the business of insurance – or crafting a system of universal health insurance coverage – it’s about an individual’s right to choose to participate.” Here he echoes the Florida Attorney General, who frankly argued for a substantive constitutional right “to make personal healthcare decisions without governmental interference.”

The Supreme Court rejected the purported “inherent right of every freeman to care for his own body and health in such way as to him seems best” in 1905, in Jacobson v. Massachusetts. The claimant there asserted that mandatory smallpox vaccination violated his rights. It is true that vaccination was an imposition on his liberty. Dying of smallpox is also an imposition on one’s liberty.

[G&T]

For one more, here's a summary of an early 20th century decision by the Court on how the government could require people to be subject to things like vaccinations even though declining to participate was not engaging in the activity.

That was a state law under the police powers...and the vaccination was free...and the law was meant to be enforced in an epidemic.

This post has been edited by G&T: Dec 15, 2010 -> 02:32 PM