If the Supreme Court rules that ObamaCare’s forced Mandate for us to buy Health Insurance is unconstitutional?

In: Health Insurance

4 May 2010




…will just that provision (that we’ll be penalized and treated like criminals for not choosing to buy health insurance) be gone?

Or would the entire ObamaCare bill be repealed by the Court?





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  • Wouldn’t the term on the Health Care bill making people have insurance if not pay a fine unconstitutional?
  • How much does your salary have to be to be forced to buy health insurance with Obamas bill passage?
  • Why does the Health Care Reform Bill mandate that everyone must buy health insurance?
  • What is required to qualify for the religious exemption to the mandate to buy health insurance?

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8 Responses to If the Supreme Court rules that ObamaCare’s forced Mandate for us to buy Health Insurance is unconstitutional?

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brown eyes

May 4th, 2010 at 8:36 pm

Hopefully the whole thing!

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The Big A -- American Atheist

May 4th, 2010 at 8:48 pm

they would strip that provision out but that does a lot to make it not work doesn’t it

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iris054

May 4th, 2010 at 9:47 pm

They can’t find it illegal because there is no forced mandate, just a tax. Congress can levy taxes, it says in the Constitution. Besides that, it says in the new law that each state is welcome to design their own program within the law, with no “mandate.”

Wyden: Health Care Lawsuits Moot, States Can Opt Out Of Mandate
http://www.huffingtonpost.com/2010/03/24/wyden-health-care-lawsuit_n_511748.html

So if you’re unhappy, see your state legislature and get on stick making something you like better for your state.

BTW, THE MANDATE WAS A REPUBLICAN IDEA.

Healthcare reform bill included big GOP idea: individual mandate …
http://www.miamiherald.com/2010/03/23/1544396/that-health-mandate-gop-is-suing.html
http://www.mcclatchydc.com/2010/03/23/90948/that-health-mandate-gop-is-suing.html

Obromneycare was first proposed by Mitt Romney during the Clinton administration.

Watch Mitt on video here:
http://www.huffingtonpost.com/2010/03/29/obomneycare-the-ultimate_n_517218.html

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Joe Finkle

May 4th, 2010 at 9:49 pm

No, only that provisions would be gone.

It isn’t unconstitutional, but that’s not really the question.

Most laws (and most contracts) contain language stating that if any provision is deemed unconstitutional, it would not affect the other provisions. That language is routinely upheld. I believe such language is in the health care law and even if it weren’t, that language is part of how laws are generally interpreted, they just put it in to be safe.

Of course without the individual mandate, the insurance industry will collapse under massive fraud, since they will still be forced cover pre-existing conditions. That would force the government to create a public option. Silly that the Republicans would be pushing something like that. They wouldn’t, of course, if they though the individual mandates would actually be thrown out. They are just using it as a political tool to gain brownie points by opposing them. They don’t actually want the individual mandates to go.

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Antony

May 4th, 2010 at 10:35 pm

Individaul mandate is the cornerstone of ObamaCare. Pull it away and the entire building will immediately collapse.

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oohhbother

May 4th, 2010 at 11:15 pm

I wouldn’t put anything past this court – that ruled the Constitution gives human rights to corporations.

So if they do – we can enjoy more years of increasing insurance costs and decreasing benefits and health care costs so high that nobody can afford health care eventually.

The health Care Bill is only budget-neutral if we stop having the cost of the uninsured added to our bills. So this ruling would invalidate the only part of the bill that helps costs. The rest of the bill will still be valid and so the national debt will increase.

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Pfo

May 4th, 2010 at 11:31 pm

Only the unconstitutional part.

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Paul Grass™

May 4th, 2010 at 11:56 pm

When, not if they rule it unconstitutional, they will kill the whole thing in my opinion

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