Ginsburg, Sotomayor Concur: ‘Minimum Coverage Provision Is a Proper Exercise of Congress’ Taxing Power’

By Melanie Arter | June 28, 2012 | 11:49 AM EDT

Supreme Court Justice Samuel Alito and Sonia Sotomayor attend the president’s State of the Union address on Wednesday, Jan. 27, 2010. (AP Photo/Pablo Martinez Monsivais)

( – Justice Sonia Sotomayor joined Chief Justice Ruth Bader Ginsburg’s concurring opinion on the U.S. Supreme Court’s Obamacare ruling, in saying that Congress acted “reasonably in requiring uninsured individuals, whether sick or healthy, either to obtain insurance or to pay the specified penalty.”

Sotomayor joined Ginsberg in saying that “the minimum coverage provision is a proper exercise of Congress’ taxing power.”

“As earlier observed, because every person is at risk of needing care at any moment, all those who lack insurance, regardless of their current health status, adversely affect the price of health care and health insurance,” Ginsburg wrote. “Moreover, an insurance-purchase requirement limited to those in need of immediate care simply could not work. Insurance companies would either charge these individuals prohibitively expensive premiums, or, if community rating regulations were in place, close up shop.”