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David Rivkin’

Health insurance mandate like broccoli? Judge wants to know

Thursday, December 16th, 2010 by Dara Kam

A federal judge in Pensacola hearing oral arguments in a key lawsuit over the federal health care law this morning repeatedly questioned lawyers about whether the federal government was overreaching its authority by forcing individuals to purchase health insurance or pay a fine.

U.S. District Judge Roger Vinson wanted to know if the health care law set a precedent allowing Congress to pass laws about anything that has an economic impact.

Congress could decide that “everybody needs to eat broccoli” because that would make them healthier and thereby reduce health care costs, Vinson proposed.

“If they decided that everybody needs to eat broccoli because broccoli is healthy they could mandate that everybody has to buy a certain amount of broccoli each week,” he asked David Rivkin, a lawyer for Florida Attorney General Bill McCollum and the 19 other states suing the federal government over the law.

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