Legal Commentary

Will The Insurance Industry Defend The Individual Mandate?

By Big Tent Democrat

Jack Balkin:

[I]f total repeal is not on the table, the insurance industry's interest is in keeping the individual mandate and thus opposing any attempt to hold it unconstitutional.

It will therefore be interesting to see whether, as the litigation develops, members of the insurance industry begin to file amici supporting the constitutionality of the individual mandate. [. . .] The Tea Party may despise the individual mandate, but the health insurance industry does not. [. . .]

Actually, this one is easy. No brief from the insurance industry is needed. Just the right signals. The Supreme Court will know what to do. No appellate circuit will strike down the individual mandate. Cert. denied. GOP can tell the Tea Party, we need a more conservative "originalist" Court!! Wins all around for the GOP.

Speaking for me only

Full post as published by TalkLeft on January 18, 2011 (boomark / email).