New State Gov’t Tactic: Banning Insurance Mandate
Posted on September 30, 2009
The New York Times is reporting that more than a dozen state legislatures are considering crafting constitutional amendments that will make it illegal to force every citizen to buy health insurance, a key part of Obama’s healthcare plan.
If any of these state legislatures ultimately approve a constitutional change to outlaw the insurance mandates that Obama is trying to force on the nation it could set up a legal showdown between advocates of state’s rights and federal control that will likely end up in the Supreme Court.
Some of these efforts, though, are not a response solely to Obama’s push to take over the nation’s healthcare system. Many of these efforts started after the Massachusetts healthcare plan, derisively called Romneycare, was instituted in 2006.
The Times cites more legal doubters than those that imagine the efforts can successfully nullify a federal mandate, but even the Times admits that if any of these laws pass in the states it could be a morass for Obamacare.
Opponents of the measures and some constitutional scholars say the proposals are mostly symbolic, intended to send a message of political protest, and have little chance of succeeding in court over the long run. But they acknowledge that the measures could create legal collisions that would be both expensive and cause delays to health care changes, and could be a rallying point for opponents in the increasingly tense debate.
These efforts bring up the issue of the Constitutionality of Obamacare. Several discussions about this have already started (also here, and here) and are expect to continue as Obamacare comes closer to a vote.
Certainly these efforts could be the first salvo in a Constitutional battle, but let us hope that we have a Supreme Court that is strong enough to void Obamacare as Franklin Roosevelt’s first Supreme Court was strong enough to defeat much of the early parts of the economically disastrous New Deal — before FDR was able to stack the court with compliant justices that stood in his favor, of course.
(Cross posted to HealcareHorseRace.com)
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