by: Nicholas Ballasy
While Solicitor General Donald Verrilli, Jr. made the Obama administration’s case for the constitutionality of the individual mandate in the health-care law Tuesday, Supreme Court Justice Antonin Scalia interrupted, telling Verrilli, “we’re not stupid.”
Justice Elena Kagan, a former solicitor general appointed by President Obama to the high court, sided with Verilli in arguing that young people should be required by the federal government to purchase health insurance because eventually, others will subsidize their health care in the future.
Scalia shot back, arguing that young people will make the decision to buy health insurance eventually and do not need to be forced by the federal government to engage in commerce.
The transcript of the exchange is below:
JUSTICE SCALIA: We’re not stupid. They’re going to buy insurance later. They’re young and — and need the money now.
GENERAL VERRILLI: But that’s –
While Solicitor General Donald Verrilli, Jr. made the Obama administration’s case for the constitutionality of the individual mandate in the health-care law Tuesday, Supreme Court Justice Antonin Scalia interrupted, telling Verrilli, “we’re not stupid.”
Justice Elena Kagan, a former solicitor general appointed by President Obama to the high court, sided with Verilli in arguing that young people should be required by the federal government to purchase health insurance because eventually, others will subsidize their health care in the future.
Scalia shot back, arguing that young people will make the decision to buy health insurance eventually and do not need to be forced by the federal government to engage in commerce.
The transcript of the exchange is below:
GENERAL VERILLI: To live in the modern world, everybody needs a telephone. And the — the same thing with respect to the — you know, the dairy price supports that — that the Court upheld in Wrightwood Dairy and Rock Royal. You can look at those as disadvantageous contracts, as forced transfers, that — you know, I suppose it’s theoretically true that you could raise your kids without milk, but the reality is you’ve got to go to the store and buy milk. And the commerce power — as a result of the exercise of the commerce power, you’re subsidizing somebody else –
JUSTICE KAGAN: And this is especially true, isn’t it, General –
GENERAL VERRILLI: — because that’s the judgment Congress has made.
JUSTICE KAGAN: — Verrilli, because in this context, the subsidizers eventually become the subsidized?
GENERAL VERRILLI: Well, that was the point I was trying to make, Justice Kagan, that you’re young and healthy one day, but you don’t stay that way. And the — the system works over time. And so I just don’t think it’s a fair characterization of it. And it does get back to, I think — a problem I think is important to understand –
JUSTICE SCALIA: We’re not stupid. They’re going to buy insurance later. They’re young and — and need the money now.
GENERAL VERRILLI: But that’s –
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