I’d be curious to know whether anyone has a good link explaining the reasoning behind the legal challenges to the federal health-care law. Every story I’ve seen — including this one, from the New York Times — reports that it might be unconstitutional to require people to buy medical insurance. But I haven’t seen anything that places it in context.
Here’s what I don’t understand. The courts clearly have no constitutional problem if the states impose such a requirement. Most states, after all, mandate that their residents buy auto insurance if they wish to drive. And Massachusetts — upon which the federal health-care law is based — requires that everyone buy medical insurance.
Moreover, under the 14th Amendment, states may not deprive their residents of liberties that they enjoy under the U.S. Constitution. If anyone has used the 14th Amendment to challenge state insurance mandates, I’m not aware of it.
If you’ve seen something that answers these questions, please post a link in the comments.