See: AG Rob McKenna has a case to challenge the health-care law's individual mandate
The main challenge here is on one point — whether the federal government can require people to buy a private product: health insurance.
The argument centers on the U.S. Constitution's commerce clause, which gives Congress the power "to regulate Commerce ... among the several States ... " The lawsuit argues that requiring a citizen to buy insurance goes beyond regulating commerce. It is, says McKenna, "forcing people into the stream of commerce."
The law calls its mandate a tax. But if you comply, your money goes to the insurance company. You pay the government only if you don't comply — which means, McKenna says, "It's not a tax. It's a fine."
We think McKenna has a good case, and one the progressives who condemn him ought to appreciate. These critics are so often right about the dangers of corporate power, and particularly the rapacity of insurance companies.
Click on the link – Read the whole editorial.
I am hopeful that Rob McKenna and the other states Attorney Generals will make a good case before the Court.