WHAT: Katyal told the 6th Circuit Court of Appeals that citizens could avoid the health insurance mandate by making less money. “It’s a penalty on earning a certain amount of income and self-insuring. It’s not just on self-insuring on its own. … Someone doesn’t need to earn that much income.” WHY IT’S DIM: Suggesting that the government has the ability to require people to have health insurance if they “choose” a certain salary requires an expansive view of the Constitution and a major disregard for the rights of American citizens.

CURE: Why not empower people to choose their own health insurance … just as federal employees like Katyal do?

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