Friday, April 06, 2012
Mandatory Broccoli Insurance
I’m no big fan of Obamacare, but I thought the Solicitor
General’s recent defense of it before the Supreme Court was weak.
According to the papers, one of the Justices made reference
to the broccoli bit. Some of the opponents
of the Affordable Care Act have asked whether if the federal government can
require people to buy health insurance, it could also require them to eat
broccoli. The Solicitor General
apparently gave that one a pass.
Here is an answer that occurred to me:
The only way broccoli would become relevant to the matter
under discussion is this: If broccoli
was found to have curative properties, if the condition broccoli treated was episodic
and unpredictable, if broccoli came to cost ten thousand dollars a head, and if
society believed that everyone who needed broccoli should have it, then there
might well be a need for mandatory broccoli insurance.
The argument sounds good to me. I don’t know how to fit it into the
constitution, but clever lawyers ought to be able to find a way.