Health Reform's Biggest Hurdle: The Constitution

The government can't simply require people to buy something
By John Johnson,  Newser Staff
Posted Jan 14, 2010 1:30 PM CST
President Obama, with Nancy Pelosi and Harry Reid.   (AP Photo/Gerald Herbert)
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(Newser) – Democrats giddy about being on the verge of health care reform ought to look out for a "rock dead ahead," writes George Will. That "rock" is the US Constitution. The idea of forcing people to buy health insurance just doesn't jibe with the principle of individual liberty, and the Supreme Court should eventually declare the mandate unconstitutional, he writes.

Some conservatives will balk at this notion of "judicial activism," the idea that the court would strike down the signature effort of a president who was, after all, elected by the people. But "truly conservative conservatives" will have no problem with it, writes Will in the Washington Post. They understand that judicial activism is necessary when it serves to stop the government from encroaching on people's freedoms.

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