In the midst of a very contentious debate over federal legislation requiring all Americans to purchase health insurance, a Supreme Court justice has likened it to requiring citizens to purchase cellular phones so they could dial 911 in an emergency. During oral arguments today over the legality of the health care plan devised by the Obama administration, the justices were trying to decide if the insurance requirement is constitutional, and asked questions of attorneys on both sides. Opponents of the health care plan say the government cannot legally require citizens to engage in commerce. However, supporters say legislation frequently has commerce requirements. During one exchange, Chief Justice John Roberts offered an analogy to U.S. Solicitor General Donald Verrilli, who represents the government. Roberts said the “market” for emergency services is similar. “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,” he said. “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?” Verrilli replied that it was not a correct analogy. “I think the fundamental difference, Mr. Chief Justice, is that that’s not an issue of market regulation. This is an issue of market regulation,” he said. The arguments continue Wednesday, and a court decision could come by fall. Download (pdf) a transcript of today’s Supreme Court oral arguments for more flavor of the questioning.
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