GW law professor Orin Kerr argues in a new post on the Volokh Conspiracy that the Individual Mandate is in a sense more “libertarian” than a single-payer, socialized medicine scheme—and suggests that there’s something disingenuous in calling the Individual Mandate “unprecedented” when the reason it’s a newfangled idea is because it’s something of a step in the right direction, by comparison with the older notions of government bureaucracy simply running everything from the bottom up. The problem with this argument is that it ignores the history and, unsurprisingly, misconceives libertarianism pretty much in every possible way.
The Cockle Bur Blog
Legal minds on legal matters and whatever else strikes our fancy.
Privatization, regulation, and freedom of choice—or, Orin Kerr doesn’t get it. Again.