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David Henderson

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Kaytal [acting solicitor general of the United States] responded by noting that the there's a provision in the health care law that allows people to avoid the mandate.
"If we're going to play that game, I think that game can be played here as well, because after all, the minimum coverage provision only kicks in after people have earned a minimum amount of income," Kaytal said. "So it's a penalty on earning a certain amount of income and self insuring. It's not just on self insuring on its own. So I guess one could say, just as the restaurant owner could depart the market in Heart of Atlanta Motel, someone doesn't need to earn that much income. I think both are kind of fanciful and I think get at..."

[Addendum: from The Washington Examiner --Econlib Ed.]

HT to Joe "Skippy" Johnson.

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CATEGORIES: Economics of Health Care

COMMENTS (6 to date)

Latest Comment

Bob Murphy writes:

Plus we can always move to Somalia. Quit complaining Henderson.

Posted June 3, 2011 12:50 AM

kurt writes:

What ever happened to life, liberty and the pursuit of happiness?

Posted June 3, 2011 6:42 AM

texx writes:

[Comment removed pending confirmation of email address. Email the webmaster@econlib.org to request restoring this comment. A valid email address is required to post comments on EconLog and EconTalk.--Econlib Ed.]

Posted June 3, 2011 8:09 AM

Ryan writes:

David H.,

What's the source for this comment? Not challenging the validity of it, just want to gain some context.

On its face, it's classic.

Thanks,

Posted June 3, 2011 9:20 AM

Jim Ancona writes:

Google found it in a Washington Examiner story:

"Neal Kumar Katyal, the acting solicitor general, made the argument under questioning before the U.S. Court of Appeals for the Sixth Circuit in Cincinnati..."

They link to the audio of the oral arguments, if you want to check the quote.

Posted June 3, 2011 2:51 PM

Æternitatis writes:

Actually, Neal spells his last name "Katyal" and is among the smartest lawyers I know (and I know a fair number of them). That he would be reduced to making such a counter-productive argument is a good sign of the weakness of their position.

Posted June 4, 2011 4:35 PM

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