Peter Suderman on the Dubious Policy Assumptions Behind ObamaCare's Legal Defense


If not for all the marble columns and black robes, you could have easily mistaken the Supreme Court arguments over the constitutionality of the Patient Protection and Affordable Care Act—a.k.a. ObamaCare—for yet another D.C. panel discussion of American health policy. Indeed, writes Senior Editor Peter Suderman, ObamaCare's legal defense relies as much on policy arguments—about the nature of uncompensated medical care, the role of Medicaid, and the interaction of the law's various provisions—as it does on constitutional reasoning. But the policy case is just as dubious as the constitutional one.