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Friday, August 12, 2011

The Bright Side to the ObamaCare Ruling

An appeals court today ruled that the individual health mandate is unconstitutional. That's ridiculous. But i am sure Bill McCollum is feeling vindicated to see his politically-driven lawsuit filed on behalf of us, the Florida taxpayers, result in some embarrassment for the White House.

I wonder, though, how he feels that the greatest political damage this will cause is likely to Mitt Romney. I expect the hit county on video of the ex-Massachusetts governor proclaiming "I like mandates" is soaring as we speak.

But this, of course, is a matter of law, and I can't help but wonder what the long-term ramifications will be with the courts ruling the government can't tell citizens to buy insurance. Personally, I am waiting to see if state AG Pam Bondi will now tell lawmakers in Tallahassee to drop a requirement for Floridians to own car insurance. Considering Florida has long held that all children should have health insurance with the state even if parents didn't buy it for themselves, I wonder if the state will find itself arguing a "compelling reason" to at least apply the concept of health mandates to minors.

This ruling, of course, is a disappointment to me, but I must say there is some schadenfreude to experience knowing how complicated this will make things for the right. Even though conservatives have long cried about the mandate as the worst part of this bill, that was never what really drove them crazy. Actually, the mandate is what was used to appease insurance companies. The judge in this case ruled that the mandate could be ruled unconstitutional without tossing ObamaCare completely, so this in some ways is a terrible outcome for Republicans, and especially for insurance companies. The ruling essentially says that all the reforms in ObamaCare are legal and sound, and that only a requirement to buy insurance crosses the line.

So when Gov. Scott is next caught beaming about how he was right about ObamaCare all along, ask yourself whether this former healthcare CEO was really bothered by a requirement for Americans to be insured, something which guarantees people are using hospitals more often, or if the problem he and his lobby always had was with the regulations intended to stop insurance companies from screwing patients. Because those parts of ObamaCare still stand.

And remember, if reasonable leaders can get back to Washington, changes can always be made to legislation. Maybe this ruling will embolden leaders in Washington to push for true universal health care and avoid the entire mandate argument in the first place. This ruling is a knock on Obama, for sure, but is no defeat for true health care reform.

1 comment:

  1. When we finally tried to control the cost of health care I was sure it would take 5-10 years to get a national standard into place. Now I'm seeing that as optimistic and naive.
    The same beaurocratic, pseudo-democratic problems apply to any major program,it seems. As a parent and teacher I've been horrified by our educational 'system' for years, but knowing the chaos that would come w/ a realistic change I've wanted my own children, etc., to get through it before we tried to improve it.
    May we survive to see a rational government!

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