Hatch told CNSNews.com in November 2009 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.”