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Probation and the Health Care Argument

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I take it back.  The health care argument today wasn't entirely off-topic.

One of the issues discussed was whether failure to buy insurance had any legal consequence other than payment of a tax penalty.  On page 45 of the transcript, Justice Sotomayor wants to know if nonpurchase would be a violation of probation.

When a defendant is put on probation after conviction of a criminal offense, a common condition is a requirement to obey all laws.  The condition allows probation to be revoked and the offender sent to prison or jail for just about any violation.  Not buying insurance?  Well, driving a car without insurance is a violation, but you have the choice not to drive.  Could not buying health insurance be a violation of the law for this purpose?  We'll see if this comes up again tomorrow.

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