Does the Reid bill unconstitutionally turn private health insurers into public utilities?

The American Thinker Blog ^ | December 23, 2009 | Clarice Feldman

[Scanian]

University of Chicago Law Professor Richard A Epstein has brilliantly argued that the Reid bill unconstitutionally turns private health insurers into public utilities.

Luckily for those who haven't time to study his detailed argument, he's now summarized it nicely in the Wall Street Journal:

"As Harry Reid's 2,000 page health-care bill is being rammed through the Senate, most of the public debate has been focused on its expanded coverage, its now defunct public option, and its high taxes. Lost in the shuffle has been its intensely coercive requirements on health insurance issuers, especially in the individual and small group markets. Taken together, these restrictions are likely to drive them out of business and run afoul of the constitutional guarantee that all regulated industries have to a reasonable, risk-adjusted, rate of return on their invested capital..."

[This_far]

How sad that the Constitutionality of ‘the bill’ is being considered as to how it affects business rather than individual freedom.

[Erik Latranyi]

Private businesses get regulated, controlled and coerced while gov't businesses (like Fannie/Freddie) get to do whatever they want.

See this article:

Fannie, Freddie Executives Get Big Payday

[Cindy]

http://www.medicalprogresstoday.com/pdfs/MI_Health_Care_act.pdf

#

http://www.pointoflaw.com/columns/archives/2009/12/impermissible-ratemaking-in-he.php

December 18, 2009

“Impermissible Ratemaking in Health-Insurance Reform: Why the Reid Bill is Unconstitutional”
By Richard A. Epstein

[pnh102]

Since when has constitutionality mattered? Just about everything the federal government does now is fully unconstitutional and yet it still continues doing these things with impunity.

If someone seriously believes that courts are going throw out 0bamacare, they're dreaming.

[libertylover]

You're right. However, there is one part of the bill that I predict will be declared unconstitutional and that's the part about forcing people to buy insurance coverage or go to jail. I predict that not a single person will spend a single night in jail (against their will). The Democrats themselves will work (behind the scenes) to have that part overturned then all the those people can be picked up by the government. It's all by design to pretend the cost doesn't exceed a trillion dollars.

[Yardstick]

*Bump*

[Tallguy]

There’s at least 4 votes right now on the USSC that will not even listen to this argument. But hey! Good Luck!

[TPOOH]

I hate to tell ya but the “constitution” was thrown out like yesterdays newspaper in another christmas surprise in 1910 when the federal reserve was voted into being. So Merry Christmas, enjoy it while you can.

[Scanian]

The business approach isn’t the only one. Others are stressing the unconstitutional requirement to purchase health insurance. To me it looks like a multi-pronged attack.

[centurion316]

How sad that the Constitutionality of ‘the bill’ is being considered as to how it affects business rather than individual freedom.

A key element of individual freedom is the right to engage in trade and commerce, to make a living for oneself and ones family. This is yet another intrusion of government into that individual liberty. Another nail in the coffin from the Progressives - destroying our country since 1915.

[This_far]

Life liberty and the pursuit of happiness

me not happy, nor you?