A U.S. District Court judge has ruled the “individual mandate” which says Americans must purchase health insurance by 2014 is unconstitutional.
“An individual’s personal decision to purchase — or decline purchase — (of) health insurance from a private provider is beyond the historical reach” of the U.S. Constitution No specifically constitutional authority exists to mandate the purchase of health insurance.”
Good. While parts of the health plan are exemplary, forcing mandatory purchases (and fining those who don’t have insurance) has always struck me as noxious and a governmental overreach.
Mandatory Auto Insurance has bee found unconstitutional in a number of states, including California (in the 70s even!), yet remains Mandatory.
I can choose not to have a car (and do), so auto insurance is not completely mandatory. That is not the case with medical insurance.
I hope this ruling stands.
I disagree on this one Bob, for two reasons:
1. If someone ops out, hospitals can’t refuse to help them in most states.
2. There are plenty of exceptions for the poor and religious to opt-out of this.
In reality, over 14 other judges have heard this exact case, and have said that the law is constitutional. This one who has financial ties to a PR firm pushing to undo the law is the only one to say it’s unconstitutional so far.
I agree he should have recused himself. Am waiting for the Fighting Democratic Poodles to mention this too.