If Medicare and Social Security are constitutional, argues Cohn, so is the ACA:
[W]hy is the Affordable Care Act such an unconscionable infringement of liberty, while those two other, more revered programs are not? Some critics have suggested the Affordable Care Act is fundamentally unfair, because it effectively requires relatively healthy people to subsidize relatively unhealthy people. But that is true of Medicare and Social Security, too.
The whole point of any social insurance is to ameliorate the impact of sheer chance on life—whether it’s being born with the wrong genes, growing up in the wrong neighborhood, or coming into contact with the wrong physical threats. Social insurance programs redistribute funds from the lucky to the unlucky, on the very sensible theory that any one of us could end up unlucky (and, at one point or another in our lives, probably will).
Joe Klein seconds him.