Striking down the individual mandate raises two concerns. The first concern is that it may signal a return to pre-New Deal conceptions of federal power, when the federal government lacked sufficient power to stimulate the national economy and combat economic depression. We will let others address the first concern and instead focus on the second: that striking down the law may signal a return to the “Lochner era.”
Let’s just say that comparing the bakery hour limitations of Lochner to the Affordable Care Act isn’t exactly comparing apples to apples.
Truly we are on a Road to Serfdom when this kind of blather passes for responsible commentary.
[CBS]