Legal Question in Constitutional Law in Texas
If the premise is the new health insurance requrement is unconstitutional because citizens cannot be required to purchase an insurance product then where does the requirement to purchase auto insurance stand? Just curious as to how states are suing on this premise but require auto insurance to drive.
1 Answer from Attorneys
The two are unrelated. You have no "right" to drive. Driving is a privilege, and the state may impose reasonable requirements you must meet before it grants you a license to do so. Getting insurance is such a requirement.
The health insurance mandate is not tied to a privilege, so the same analysis does not work in that context.
Additionally, some of the states argue that health insurance is a state-law matter which the federal government has no business regulating. That argument also has no parallel to auto insurance requirements, since those are already imposed by the states rather than the feds.
Finally, I note that only one trial-level judge has deemed it unconstitutional. Two other judges upheld the same provision. Your question suggests that the recent ruling is the last word on the requirement, but it is really just one of the first. Ultimately the Supreme Court will probably have to decide its constitutionality.
Related Questions & Answers
-
A married same sex couple moves to texas. they buy a house together. one of them... Asked 11/05/10, 9:34 am in United States Texas Constitutional Law
-
I am curious if the individual states have retained the sovereignty to declare an... Asked 10/20/10, 8:17 am in United States Texas Constitutional Law
-
What type of license must a attorney have to argue at the Suprem Court? Asked 9/30/10, 2:27 pm in United States Texas Constitutional Law