To: Lane3 who wrote (23562 ) 3/31/2012 3:18:24 PM From: i-node 1 Recommendation Read Replies (1) | Respond to of 42652 >>> In my mind, those latter two are two different markets. The conflation of the two markets has been part of the agenda since the outset. And today, it is very common to hear commentators use the term "health care" interchangeably with "health insurance", when in fact, they're two different things. President Obama did the same frequently during his campaign and during the push for the legislation. Is it a conspiracy? I don't know, but I would guess so. It is a lot easier to appeal to the hearts of the compassionate by saying, "All Americans have a right to basic health care" than it is by saying "All Americans have a right to health insurance". They just aren't the same things, and I believe the Court is apt to find a difference between the two. But I don't agree that every person even enters into the "health care" market by their existence. While it is true that most or even substantially all people do require health care, I wonder whether the Court should take that approach? Surely, if one's Fifth Amendment rights are violated, for example, the Court would take that seriously. Why should the insistence that even ONE person who doesn't engage in commerce ought to be forced into transactions they don't want? It is not, IMO, irrational, for a 20-something who is healthy to choose not to purchase health insurance -- just as a value proposition. Insurance is, by definition, about diversification of risk, and if a person judges his risk to be minimal, he might well choose to assume that risk on his own, against his own present and, perhaps future, assets. Alito got to this point during his questions about forcing young people to buy burial insurance. I think this was some of the most intense questioning I heard; in the course of a page of the transcript, Alito got to the heart of the matter and shot down the SG's response a priori , leaving the SG to ramble in his response. He pointed out that the average insurance policy in 2016 will cost $5,800, yet, the average healthy individual might spend $854/year on health care. The difference, for these healthy people, is nothing more than a subsidy. Ginsburg replied, "Well, that is how insurance works", but insurance isn't about one person subsidizing another; it is about risk management. I think anyone who bothered to read these transcripts would come away wondering how the government even THINKS it has an argument.