Note that as Roberts explains why these people can’t be regulated, he’s also explaining why the health insurance companies are doomed. (But, you may think, isn’t the mandate upheld under the taxing power? Again, what’s upheld is the tax imposed for not buying insurance, and that’s less expensive than buying insurance, and the money goes to the federal government, not to the insurance companies. Meanwhile — to make it crushingly clear — the insurance companies do have to sell insurance to people with pre-existing conditions. So these people who currently don’t buy insurance because it’s not worth it can start buying insurance as soon as it is worth it, and under the ACA, they can’t be charged more than the people who have been buying insurance all along.) ann althouse
I have not followed the Obamacare case terribly carefully but if Roberts has done what Althouse says he has done he has handed the Republicans a stick with which to beat the administration (health tax) and a hornets’ nest to the administration (moral hazard on steroids).
Basically, you pay the tax for not buying insurance right up until you get really sick and then you pay limited health care insurance premiums which don’t begin to cover the costs incurred by the insurer. Literally, the worst of both world