Appearing on convicted felon G. Gordon Liddy’s radio show, Rep. Steve King (R-Iowa) falsely claimed that Obamacare requires children to stay on their parents’ insurance policy until age 26. In reality, the law does not “mandate” that children must stay on their parents insurance until age 26. The law gives young adults the option of remaining on their parents insurance, but leaves them perfectly free to choose another insurance provider. King also falsely claimed that the new insurance regulations violate the Constitution.
Speaker John Boehner (R-OH) concedes that the Act’s provision forbidding insurers from discriminating against people with preexisting conditions “fall[s] within Congress’s power, pursuant to the Commerce Clause, to regulate the interstate health insurance market.” If King’s position were ever adopted by the Supreme Court, it would mean that the entire insurance industry would be immune from federal regulation.
And that’s the least of the problems with King’s argument. King’s core argument — that only the states and not the federal government are allowed to regulate a national market — is straight out of the tenther playbook. Sen. Mike Lee (R-UT) recently made an identical argument to claim that federal child labor laws are unconstitutional, and Sen. Rand Paul (R-KY) also adopted King’s theory of the Constitution to claim that the federal ban on whites-only lunch counters must be tossed out.