For reasons passing understanding, people continue to listen to the Thomas More Legal Center. Listening to their nonsense cost the Dover Area School District a cool million, and now some buffoons in Michigan have taken TMLC’s help in a suit challenging the Affordable Care Act. TMLC litigator Robert Muise defended the suit challenging the individual mandate by arguing:
Never in our history has the government sought to acquire for itself the authority to force someone to engage in a commercial transaction they wouldn’t otherwise engage in. The government has very broad authority, but it’s not without limits.
Uh, no. I own car insurance as required by law. Many states require the use of safety equipment while riding bicycles and engaging in other sports. Building contractors must install various devices in new homes or homes being renovated to keep them up to code, including insulation, low-flow toilets, and other products the owners might not otherwise have purchased.
Most relevant, though, is a law passed in 1798, by a Congress composed largely of people who drafted the Constitution. The law created a government insurance system for mariners, funded by a payroll tax. Private sailors were thus obliged to purchase insurance by an act of the Founding Fathers. Is that not enough relevant precedent? If anything, Constitutional amendments since that time strengthen the hand of Congress to enact taxes like the ones used to ensure compliance with the individual mandate.
Lesson: Never listent to TMLC. They are always – always – wrong.