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September 29, 2010


Tax liability for no insurance as a flat head tax is an interesting twist. No snark.

Here is my solution.

Keep the prohibition on recission and denial of coverage for pre-existing issues. Congress has a clear, explicitly enumerated power to regulate interstate commerce. My guess is that about 99% of health insurance carriers qualify as "interstate".

Then, drop the mandate.

When the insurance carriers come back and b*tch because the feds didn't hold up their end of the quid-pro-quo arrangement, Congress shrugs their shoulders and says "What can we do? It's the Constitution."

If the carriers can't make a profit on insurance products on those terms, they can get out of the game and we'll go to single payer.

Win/win. Works for me.

Brent: My suggestion would be to indict Aulaqi, and promise that if Aulaqi turns himself in, he will be put on trial in a civil court and freed if found not guilty.

I don't know whether the Obama Administration has sufficient evidence to indict Aulaqi. In my view, the bar for assassinating someone should be at least as high as the bar for indicting him. If the Obama Administration cannot indict Aulaqi, it shouldn't assassinate him either.

I don't expect that Aulaqi would turn himself in if he were indicted, but that doesn't mean that we can ignore the possibility. I'm not sure that decision to indict Aulaqi and then assassinate him if he failed to show up for trial would be constitutional, but at least it would give Aulaqi the option of defending his innocence in court so it would be an improvement over current policy.

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