December 7 2010
More than the Individual Mandate
Yesterday I went to an event at the American Enterprise Institute about the legal challenges to the health care reform law. While there have been more than 20 cases filed against the federal government, almost all of them are centered upon the same thing: the individual mandate.
Certainly, it is worrisome that the federal government is requiring all Americans (or nearly all, with some exemptions) to buy a good or face a penalty. This is unprecedented, and there's no constitutional basis for this kind of government mandate.
But the 2,000 pages nicknamed "ObamaCare" might violate the Constitution in more than one way. The reform greatly modifies Medicaid and puts a great burden on states. It requires that states establish health care exchanges (otherwise, the government will create one for the state). Furthermore, the "voluntary" nature of a state's participation is questionable.
The Independent Women's Forum has a seperate Web site entirely devoted to following the health care lawsuits. Click here to read my synthesis of arguments about ObamaCare and state sovereignty.