| noname2200 said: We do know that, though. The federal government has hitherto elected to mostly keep out of that arena. Remember, back in the 40's the Supreme Court upheld the federal government's ability to regulate any insurance transaction if it is interstate, and in fact the feds already DO regulate auto insurance as a whole. Auto insurance is not immune to anti-trust laws, for example. The feds decided, by statute, to reserve more specific regulations to the states. But this does not mean the federal government is eternally forbidden from doing more. Insurance, auto or otherwise, is inherently a commercial activity that impacts interstate commerce, and thus susceptible to federal regulation. |
I'm not arguing that the federal government can't regulate insurance, but I don't see how it's any clearer that the feds can compel people to buy auto insurance than it is that they can compel people to by health insurance. I mean, I guess we'll find out shortly if they can, but it's still an unprecedented reading of the commerce clause.
