A judge in Virginia has ruled ObamaCare, or rather the insurance mandate, unconstitutional.
Now, I'm no constitutional law expert, so I will leave the fine print to other bloggers on the left and right. But from what I gather, the biggest problem with the provision, according to this Bush-appointed federal judge, is that the mandate serves as a punishment for failing to buy health insurance.
To me, the solution seems pretty clear: Bring back the public option. It was really a travesty when the Obama administration was willing to negotiate that out, and a telling sign of what the GOP's real agenda was that eliminating a provision guaranteeing access to health care for poor people while doing so little to knock the mandate out.
But having a government-provided alternative to private insurance would, it seems to me, remove the punitive nature of a mandate for inactivity.
Even better idea? Universal health care available to all citizens, not just veterans and seniors.
Anyhow, I guess this ruling will fuel Pam Bondi's efforts to continue Bill McCollum's wrong-headed Florida lawsuit. But none of this matters until the Supremes rule, and even then, these provisions don't go into effect until 2014. That gives the right some extra time to argue why, proponents of personal responsibility that they are, people shouldn't have to have health insurance at all, and that people can already take their kids to the emergency room.
Monday, December 13, 2010
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