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December 22, 2009
Why the Reid Bill is Unconstitutional: Impermissible Ratemaking in Health-Insurance Reform
"There is no quick fix that will eliminate the Reid Bill's major constitutional defects.
It would, of course, be a catastrophe if the Congress sought to put this program into place before its constitutionality were tested. Most ratemaking challenges are done on the strength of the record, and I see no reason why a court would let a health-insurance company be driven into bankruptcy before it could present its case that the mixture of regulations and subsidies makes it impossible to earn a reasonable return on its capital. At the very least, therefore, there are massive problems of delayed implementation that will plague any health-care legislation from the date of its passage." -- PointofLaw
Posted by Vanderleun at December 22, 2009 7:53 AM. This is an entry on the sideblog of American Digest: Check it out.