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Grassley Supported The Individual Mandate Before He Realized It Was
Unconstitutional

By Igor Volsky
Mar 25th, 2010


Sen. Chuck Grassley (R-IA) - the ranking member of the Senate Finance
Committee - supported the individual mandate in 1993, when he, along
with Sen. John Chafee (R-RI), proposed an alternative to President Bill
Clinton's health care initiative that required every American to
purchase health insurance coverage.

He supported the mandate when he co-sponsored the Wyden-Bennet health
care plan in 2007.

And he endorsed the policy again in June of 2009, when he told Fox News
Sunday's Chris Wallace that there was bipartisan agreement that
individuals should take responsibility for their own health care costs.

But as the Senate Finance Committee prepared to release its health care
bill, Grassley started arguing that the mandate is an "unprecedented"
intrusion into the rights of the individual.

In September of 2009, Grassley said he was "very reluctant to go along
with an individual mandate" since it would impose "a federal penalty
against people who don't have health insurance."

Well today, MSNBC's Andrea Mitchell asked Grassley about his evolving
position. The senator admitted he had supported the mandate in the past,
before he knew it was unconstitutional:

GRASSLEY: If it was unconstitutional today, it was unconstitutional in
1993, but I don't think anybody gave it much thought until three or four
months ago. When you start looking at what constitutional lawyers say
about it, because constitutional lawyers wouldn't have been looking at
the mandate for health insurance until it became an issue and it just
became a issue lately. And so I think that's the legitimacy of it being
considered unconstitutional.

This is a fairly silly argument, particularly because constitutional
lawyers believe that the health care mandate is as constitutional today
as it was in 1993.

"The mandate is lawful and clearly so," this American Constitution
Society brief argues, "pursuant either to Congress' authority to
"regulate commerce among the several states," or to its authority to
"lay and collect taxes to provide for the General Welfare."

In fact, even Mitt Romney (sometimes) agrees. Here he is Tuesday night
describing the mandate in his Massachusetts reform plan as the ultimate
conservative principle:

"Right now in this country, people who don't have health insurance go to
the hospital if they get a serious illness, and they get treated for
free by government. My plan says no, they can't do that. No more free
riders. People have to take personal responsibility. I consider it a
conservative plan."