CNSNews.com November 02, 2009 Fred Lucas
White House Spokesman Robert Gibbs said today that he does not know if White House lawyers have reviewed whether it is constitutional for the federal government to order individuals to buy health insurance and said that the White House is not seriously considering the concerns of people such as Sen. Orrin Hatch (R.-Utah) who believe the mandate is not constitutionally justified. This was the second time in two weeks that Gibbs had dismissed concerns that the Constitution does not give the federal government the power to force individuals to purchase items the government wants them to purchase. Hatch told CNSNews.com last week that forcing people to buy health insurance cannot be justified under the Constitution’s Commerce Clause. “But here would be the first time where our government would demand that people buy something that they may or may not want,” Hatch told CNSNews.com. “And, you know, if that’s the case, then we didn’t need a ‘Cash for Clunkers,’ all we had to do is have the federal government say you all got to buy new cars, no matter how tough it is on you. You know, they could require you to buy anything. And that isn’t America. That’s not freedom. That’s not constitutionally sound. Now, there may be some gimmicky way that they can do this, but I can’t think of a gimmicky way that would be constitutionally justified.” Gibbs was asked by a reporter on Monday: “Have White House lawyers looked at this issue? Has this been examined in any way?” Gibbs responded: “Not that I know of. I don’t think it has gotten to the point where anybody questions the legitimacy of it.” The reporter followed up: “Well, Orrin Hatch questions the legitimacy of it.” Gibbs quipped, “Well, you should ask him.” The reporter asked, “Do you not feel there is any concern at all about whether it is constitutional for Congress to impose a mandate?” “No,” Gibbs said. | 
