The 9-Voice Ruling On The mandate

Posted by Red Kingman on

Today (6-18-12) the Supreme Court is expected to make a ruiling on certain provisions of the Obamacare as it has been called.   What can we expect fromthe highest court in the land?

From truth-out.org Robert Reich writes "That most high-court observers think it will strike down the individual mandate in the Affordable Healthcare Act that requires almost everyone to buy health insurance, as violating the Commerce Clause of the Constitution — but will leave the rest of the new healthcare law intact.

But the individual mandate is so essential to spreading the risk and cost of health care over the whole population, including younger and healthier people, that some analysts believe a Court decision that nixes the mandate will effectively spell the end of the Act anyway.

The thing is, it could have exactly the opposite effect. If the Court strikes down the individual mandate, health insurance company lobbyists and executives will swarm Capitol Hill seeking to have the Act amended to remove the requirement that they insure people with pre-existing medical conditions.They’ll argue that without the mandate they can’t afford to cover pre-existing conditions, which many think is untrue.

But the requirement to cover pre-existing conditions has proven to be so popular with the public that Congress will be reluctant to scrap it.  This opens the way to a political bargain. Insurers might be let off the hook, for example, only if they support allowing every American, including those with pre-existing conditions, to choose Medicare, or something very much like Medicare. In effect, what was known during the debate over the bill as the “public option.”

So in striking down the least popular part of Obamacare - the individual mandate - the Court will inevitably bring into question one of its most popular parts - coverage of pre-existing conditions. And in so doing, open alternative ways to maintain that coverage - including ideas, like the public option, that were rejected in favor of the mandate."

Do you think that most of the public is for or against the Presidents plan, especially the individual mandate?  And can the government LEGALLY compel Americans to but anything?

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