With all due respect, Justice Breyer, that might be the case if this court did not tolerate the practice of partial birth abortions, and situations where a baby is born and left to die without any medical care - those babies don't become a participant. Unless you wish to classify corpse disposal as "healthcare". [Reason 756 why In Maryland would never be admitted to the Supreme Court Bar]
And, by the way, Justice Breyer, there are citizens of this great country who choose to live a simple life, living off the land, and using traditional natural remedies to treat illness. Is this court now proposing they should be forced to pay a penalty for exercising an entirely legal means of pursuing happiness? [Reason 757 why In Maryland would never be admitted to the Supreme Court Bar]
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One thing that became cyrstal clear during these 3 days of arguments is that the individual mandate is another ponzi scheme - the government will shift the cost of older people's healthcare on younger workers, and when those younger workers get old, we'll shift their costs to even younger workers.
Does that call to mind any other government program? Hum, let me think ...
I SO hope PPACA is overturned entirely.
BUT, I have a contrarian question. If EMTALA is constitutional - if Congress has the power to require all hospitals to treat all emergencies and women in labor for free - then isn’t it implied that Congress can come up with a scheme to pay for that?