The Legal Debate about that efin Mandate

Listening to the House debate HCR as I type away at a paper due tomorrow and heard Nathan Deal (R-Georgia) say when he becomes governor of Georgia he will challenge the constitutionality of the "individual mandate" in the health care bill (I assume directing the Georgia AG to sue?)

As this seems to be a big thing among Republicans, that its unconstitutional for the federal government to mandate individual citizens to purchase anything (Orrin Hatch and some others had an op-ed in the WSJ about this) its struck me that there is an easy way around the Constitutionality of it.

The government could simply announce a "health care tax" or "health care fee" on all Americans then give a tax credit of the same amount to all Americans who have health insurance. The effect of this is that every American who doesn't have health insurance (but can easily afford it) will pay a small fee; exactly the same thing that would happen with this mandate. Its completely Constitutional, there are tax credits for everything under the sun and tax credits as a concept are used in large part to create incentives to certain types of behavior; ie a tax credit to "retrofit" your home for energy efficiency.

So its basically the same thing; and depending on the language in the bill may be the same thing. Either way it can be interpreted as the same thing on a legal basis and therefore could hold up as Constitutional depending on the judge/justices. I say that because justices on all sides of the spectrum allow their biases to affect how they rule and might find legality (or illegality) in vague language depending on what they personally prefer the outcome to be; even if it goes against legal logic/precedents you've argued for for many years (see Scalia, Atonin in Bush v. Gore.)

CBO Scores Final Bill

And its good!

I dont care what anyone says, I like Nancy Pelosi. I think she pulled this off well. There was a dearth of leadership and she stepped up. I also give serious credit to Harry Reid who had to deal with a nightmare of people in the Senate. The biggest disappointment was President Obama, who was such a failure on so many levels its worth considering whether he deserves to get my vote in 2012 (if I am in a blue state.)

For the Record

I think the House passing Health Care via Self-Executing or whatever the hell its called is... awesome

Harold Ford needs to just shut the fuck up.

And the New York Times needs to stop giving him print space.

Harold considered running for the New York senate because he moved here from TN a couple of years ago in order to work for Wall Street. He fancied running to the right of Kristen Gilibrand, President Obama and the New York Democratic Party, in the New York Democratic Party Primary.

He was so incompetent in his exploratory stage that he shot himself in the foot in interviews talking about being driven around in a town car, helicoptering over Staten Island and sudden revelations on being gung ho about gays.

He never stood a chance and everyone knew this, apparently even he because he never entered the race. But after a NYT Op-Ed a few months back talking about why he think he might run, now he has one saying he thinks he might not run now. Who cares? Why are you getting op-eds in the NYT about non-existent hopeless campaigns?

Oye vey.

Gym

There is a guy at my gym who is always on his cell phone, and is really loud. This is usually between 7-9am. Who is he always talking to at 8am? Why is he so loud? What the hell is wrong with him?

It really annoys me. I needed to get that out