It may well be that everybody needs health care sooner or later, but not everybody needs a heart transplant, not everybody needs a liver transplant ... Could you define the market? Everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market; therefore, you can make people buy broccoli.[7][8]
Opponents of reform – such as Justice Scalia – say that it should not be compulsory for American people to purchase health insurance under the Affordable Care Act (ACA) just because it is beneficial, otherwise, an enforcement body could similarly mandate Americans to buy broccoli because of its benefits to human health, which they say is an example of over-reaching authority.[9] It has been described as a form of the slippery slope and reductio ad absurdum arguments.[10]
Supporters of the individual mandate have questioned this analogy. For example, Verrilli told Justice Scalia that the health care market is unique and:
... quite different [to the food market]. The food market, while it shares that trait that everybody's in it, it is not a market in which your participation is often unpredictable and often involuntary. It is not a market in which you often don't know before you go in what you need, and it is not a market in which, if you go in and – and seek to obtain a product or service, you will get it even if you can't pay for it.[7]
... sealed broccoli's immortality in constitutional jurisprudence. The three main written opinions included twelve references to broccoli and five separate discussions of the broccoli mandate's legal implications. Five justices cited the government's inability to provide a satisfying answer to the broccoli hypothetical as a justification for creating a novel limitation on Congress's Commerce Clause powers and for concluding that the ACA's mandate exceeded that limit. Even the dissenters to the Commerce Clause holding felt compelled to respond to what Justice Ginsburg referred to as "the broccoli horrible".
^Orentlicher, David (2011). "Can Congress Make You Buy Broccoli - And Why It Really Doesn't Matter". Southern California Law Review Postscript. 84: 9.
^Somin, Ilya. "A Mandate for Mandates: Is the Individual Health Insurance Case a Slippery Slope?." Law and Contemporary Problems 75, no. 3 (2012): 75-106.
^Elhauge, Einer (November 16, 2011). "The Broccoli Test" (PDF). The New York Times. p. A35.
^Elhauge, Einer (January 5, 2012). "The Irrelevance of the Broccoli Argument against the Insurance Mandate". New England Journal of Medicine. 366 (1): e1. doi:10.1056/NEJMp1113618. ISSN 0028-4793. PMID 22187959.
^"'The Broccoli Horrible': A Culinary-Legal Dissent". The New Yorker. June 28, 2012.
^Stewart, James B. (June 13, 2012). "How Broccoli Landed on Supreme Court Menu". The New York Times.
^ abTau, Byron (March 27, 2012). "Scalia wonders about a broccoli mandate". Politico. Reuters.
^Freeman, Michael; Hawkes, Sarah; Bennett, Belinda (29 May 2014). Law and Global Health: Current Legal Issues Volume 16. OUP Oxford. p. 66. ISBN978-0-19-100345-5.
^Elhauge, Einer (April 16, 2012). "It's Not About Broccoli: The False Case Against Health Care". The Atlantic.
^ abMark D. Rosen and Christopher W. Schmidt, "Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Case", 61 UCLA L. Rev. 66 (2013).
April 26, 2024
broccoli, mandate, broccoli, mandate, also, known, broccoli, test, broccoli, argument, broccoli, hypothetical, broccoli, horrible, argument, used, those, opposed, healthcare, reform, united, states, proposed, barack, obama, then, president, united, states, con. The broccoli mandate 1 2 also known as the broccoli test 3 broccoli argument 4 broccoli hypothetical or broccoli horrible 5 was an argument used by those opposed to healthcare reform in the United States proposed by Barack Obama who was then the President of the United States Contents 1 Use in 2012 Supreme Court summation 2 Legacy 3 See also 4 ReferencesUse in 2012 Supreme Court summation edit nbsp Supreme Court Justice Antonin Scalia used the broccoli argument in a 2012 summation The broccoli mandate was referenced by the conservative Supreme Court Justice Antonin Scalia in 2012 in his summation against healthcare reform 6 On March 27 of that year Justice Scalia asked Donald B Verrilli Jr a lawyer for the Obama administration to defend the individual shared responsibility provision commonly called the individual mandate of the ACA saying to Verrilli It may well be that everybody needs health care sooner or later but not everybody needs a heart transplant not everybody needs a liver transplant Could you define the market Everybody has to buy food sooner or later so you define the market as food therefore everybody is in the market therefore you can make people buy broccoli 7 8 Opponents of reform such as Justice Scalia say that it should not be compulsory for American people to purchase health insurance under the Affordable Care Act ACA just because it is beneficial otherwise an enforcement body could similarly mandate Americans to buy broccoli because of its benefits to human health which they say is an example of over reaching authority 9 It has been described as a form of the slippery slope and reductio ad absurdum arguments 10 Supporters of the individual mandate have questioned this analogy For example Verrilli told Justice Scalia that the health care market is unique and quite different to the food market The food market while it shares that trait that everybody s in it it is not a market in which your participation is often unpredictable and often involuntary It is not a market in which you often don t know before you go in what you need and it is not a market in which if you go in and and seek to obtain a product or service you will get it even if you can t pay for it 7 Legacy editUse of the so called broccoli mandate in the summations of conservative justices in the National Federation of Independent Business v Sebelius NFIB case was said to have sealed broccoli s immortality in constitutional jurisprudence The three main written opinions included twelve references to broccoli and five separate discussions of the broccoli mandate s legal implications Five justices cited the government s inability to provide a satisfying answer to the broccoli hypothetical as a justification for creating a novel limitation on Congress s Commerce Clause powers and for concluding that the ACA s mandate exceeded that limit Even the dissenters to the Commerce Clause holding felt compelled to respond to what Justice Ginsburg referred to as the broccoli horrible Mark D Rosen and Christopher W Schmidt UCLA Law Review 10 See also editGeorge H W Bush broccoli commentsReferences edit Orentlicher David 2011 Can Congress Make You Buy Broccoli And Why It Really Doesn t Matter Southern California Law Review Postscript 84 9 Somin Ilya A Mandate for Mandates Is the Individual Health Insurance Case a Slippery Slope Law and Contemporary Problems 75 no 3 2012 75 106 Elhauge Einer November 16 2011 The Broccoli Test PDF The New York Times p A35 Elhauge Einer January 5 2012 The Irrelevance of the Broccoli Argument against the Insurance Mandate New England Journal of Medicine 366 1 e1 doi 10 1056 NEJMp1113618 ISSN 0028 4793 PMID 22187959 The Broccoli Horrible A Culinary Legal Dissent The New Yorker June 28 2012 Stewart James B June 13 2012 How Broccoli Landed on Supreme Court Menu The New York Times a b Tau Byron March 27 2012 Scalia wonders about a broccoli mandate Politico Reuters Freeman Michael Hawkes Sarah Bennett Belinda 29 May 2014 Law and Global Health Current Legal Issues Volume 16 OUP Oxford p 66 ISBN 978 0 19 100345 5 Elhauge Einer April 16 2012 It s Not About Broccoli The False Case Against Health Care The Atlantic a b Mark D Rosen and Christopher W Schmidt Why Broccoli Limiting Principles and Popular Constitutionalism in the Health Care Case 61 UCLA L Rev 66 2013 Retrieved from https en wikipedia org w index php title Broccoli mandate amp oldid 1172706567, wikipedia, wiki, book, books, library,
