Posted by: Lloyd Becker | March 25, 2010

Obamacare out the Window? – Maybe

The individual mandate as I understand it was a republican idea.  OK, lets say it is.  The republicans also know that it is not constitutional to force people to buy health insurance.  Just because a person is under 35 years of age, does not necessarily make them bulletproof from some disease or another.

People do as they want to do regardless of what some mandates are.  As it is with healthcare, they are not concerned to have it unless maybe they have a family.  Family plans, whether employer sponsored or not, it would be foolish not to have it.  But individual plans are totally a personal decision.  This healthcare bill forces all to buy.

In the eleven states that filed these lawsuits, they will eventually make it to the Supreme Court.  The Supreme Court knows that it is illegal to force some one to buy something the individual does not want.  The only way people can be made to buy this health insurance is the Supreme Court becomes an activist court and support the individual mandate.  The Supreme Court should not wait for the suit to reach them.  They need to pick this up now and declare it unconstitutional.

The reality is is that it does not make any difference now whose idea it was for this individual mandate to be placed in this bill.  The fact is, it is in there and it needs to be addressed.  The funny part about this is this bill was signed into law in this present form and the Supreme Court must throw it out in its present form.

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