subject: Obamacare Health Insurance And The Constitution [print this page] February 2011 marked the ruling of Federal Justice Roger Vinson that Obamacare violates the United States Constitution. While the health care reform bill as a whole was not disputed as the constitutionality, the mandate of requiring all Americans to purchase health insurance was deemed strictly unconstitutional.
The bill has been surrounded with controversy and confusion since it was first introduced, and even the President seems to have mixed opinions on the matter. In 2008, he in fact argued against the concept, stating that "If a mandate was the solution, we can try to solve homelessness by mandating everybody to buy a house."
Requiring taxpayers to purchase a particular product is actually part of Judge Vinson's 78-page ruling, where he states that allowing this type of mandate could lead to requiring that everyone with a set minimum income buy a General Motors vehicle, as the company is now partially owned by the government.
Relying on the Constitution for his ruling, Judge Vinson determined that it does not provide the federal government the option of dictating consumer buying habits. Rather, this esteemed document places limits on the scope of the federal government.
The ultimate decision on the legality of requiring all citizens to purchase health insurance will be determined by the United States Supreme Court. Taxpayers and legislators alike are anxious for the decision, though the case may not be heard until 2012.
In the case of the Supreme Court, it is anyone's guess at to which way the ruling may go. It has the potential to include just the individual health insurance mandate, or Obamacare as a whole. The high court has made some shocking determinations in the past when it comes to the scope of the federal government, seeming to rely on whether the federal government has a significant interest in a particular ruling.
Washington certainly does have an interest in the health insurance industry. With baby boomers entering their senior years, Medicare is bursting at the seams to pay for health care. Millions of Americans lack health insurance, resulting in this population going into heavy debt, declaring bankruptcy, or even dying due to their lack of care. Even families with insurance have the potential to go bankrupt at any time due to a medical tragedy, with at least half a million insured Americans declaring bankruptcy due to medical bills annually.
With the increasing cost of health insurance, fewer employers are offering the option, with many having to choose between maintaining a profitable business and offering health insurance. Having to maintain competitive with other countries that offer comprehensive health insurance, this is one of the first benefits to be cut.
Regardless of one's personal opinion about Obamacare, it is glaringly obvious that our health care system is broken, and something must be done to ensure that everyone receives the quality of care they deserve. As the nation looks to the Supreme Court now for a clear decision, all businesses are scrambling to ensure that they are ready for whatever is to come.
by: Casey Trillbar
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