A few commentators have noted that some right-wingers and Republicans (and more recently, Mitt Romney) have supported mandatory health coverage in the past. My response to that is: They were wrong. Allegations of hypocrisy are not arguments. Let’s try to stay focused on the merits of the policy. If you want to defend the constitutionality of the individual mandate, just make your case.
Update: Great e-mail:
When I heard that argument the first time a day or two ago I thought, “So that makes the law constitutional? ” Could you imagine Point I in the brief being “SOME REPUBLICANS ORIGINALLY PROPOSED THE MANDATES”. The courts and attorneys would fall on the floor laughing. In fact, we have seen, on many occasions, laws that were passed with bi-partisan support fail the constitutional test — Citizens United, anyone? What a ridiculous argument.