Chief Justice Roberts is mincing Obamacare to the very letter. Beside the Chief Justice, Justice Scalia is trying to expose the weak logic from the solicitor general, who is fully supporting Obamacare. The reasons are obvious. The government can not tell us what to buy or what not to buy. It infringes our freedom. Buying car insurance protects the other person involved in a car accident; not so with buying health insurance. Also, using the logic that every America must buy a cell phone or buy a particular food is utterly ridiculous. Thus, making every American to buy a health insurance doesn't make sense.
(Politico) Opponents of the individual mandate provision of President Obama's health care law contend that if the government can force you to buy health insurance, its powers of compulsion are virtually unlimited. Chief Justice John Roberts wonders what else Washington can force citizens to buy in this exchange:
CHIEF JUSTICE ROBERTS: Well, the same, it seems to me, would be true say for the market in emergency services: police, fire, ambulance, roadside assistance, whatever. You don't know when you're going to need it; you're not sure that you will. But the same is true for health care. You don't know if you're going to need a heart transplant or if you ever will. So there is a market there. To -- in some extent, we all participate in it. So can the government require you to buy a cell phone because that would facilitate responding when you need emergency services? You can just dial 911 no matter where you are?
GENERAL VERRILLI: No, Mr. Chief Justice. think that's different. It's -- We -- I don't think we think of that as a market. This is a market. This is market regulation. And in addition, you have a situation in this market not only where people enter involuntarily as to when they enter and won't be able to control what they need when they enter but when they --
CHIEF JUSTICE ROBERTS: It seems to me that's the same as in my hypothetical. You don't know when you're going to need police assistance. You can't predict the extent to emergency response that you'll need. But when you do, and the government provides it.
