Monday, January 31, 2011

Federal Judge: Obama Health Care Plan Unconstitutional

This just in from Reuters
(Reuters) - A federal judge in Florida on Monday struck down the landmark healthcare law backed by President Barack Obama, finding that the Congress exceeded its authority to require individuals to buy insurance.
In a challenge by 26 states, Judge Roger Vinson ruled that "because the individual mandate is unconstitutional and not severable, the entire Act must be declared void." End article

How could this be a surprise to anyone. There is nothing in the U.S. Constitution that allows the federal government to compel a person to buy a service or good. Car insurance is different of course because you can choose not to drive. The Obama Health Care plan did not give you that choice, if you are a living U.S. citizen and the government decided you could afford health care you had to buy it.
Hopefully this will open the doors for a suit against the Massachusetts  universal health care plan which has been ineffective, and disastrous for the commonwealth's budget.
Now don't get me wrong, I am not a tea party follower but I simply believe we should follow the law and common sense. Common sense would dictate that mandated healthcare without single payer is simply a subsidy for the Health Insurance companies, whose share prices not coincidentally sky rocketed when the bill was initially passed. These insurers now had a large pool of people that not only would be forced to buy health insurance from them, but forced to buy comprehensive plans from them. Rather than allow young healthy people to buy cheap emergency plans the federal mandate would force them to buy unnecessarily expensive plans.
As for the legality of the issue, there are ways around this, that could have encouraged health care purchases, while at the same time holding individuals responsible for costs if they didn't have insurance. Rather than due this Congress created an illegal and illogical subsidy plan for Health Insurance companies that never addressed the real problems in the system; rising costs and waste.

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