High Court’s Obamacare Decision Looms

This month the U.S. Supreme Court is expected to hand down one of the most consequential decisions in its history by ruling on the constitutionality of Obamacare.

On March 26-28, the Court heard an unprecedented six hours of oral arguments concerning the Affordable Care Act, better known as Obamacare. The justices asked several important and pointed questions about the main controversy swirling around the Act — the individual mandate. The crux of the issue boils down to this: Can commercial inaction be regulated under the Commerce Clause?

Under the Constitution, the federal government has only limited authority and specific, delegated powers.  One of the powers, granted under the Commerce Clause, enables the federal government to regulate interstate commerce.  Over time, the Commerce Clause has expanded to include several types of commercial activity but it has never before been applied to inaction. 

Not purchasing health insurance is inaction. Yet the Obama Administration has argued that eventually all Americans will participate in health services and this must amount to commercial activity — or action.  Therefore, the Administration claims, everyone should be forced to purchase health insurance to help mitigate the costs of those who have no insurance.

If we accept this argument, however, what’s to stop the government from controlling every decision in our lives? Fruit and vegetables are healthy for us and if we eat more of them, we may avoid expensive medical costs down the road. So why don’t we just go ahead and mandate that everyone purchase a certain number of healthy foods weekly?  Everyone eventually dies and funerals are expensive, so what’s to stop the government from forcing all Americans to purchase a burial insurance plan? 

It is these types of philosophical questions that the Court will have to consider when it makes its decision, expected in late June. Justices Anthony Kennedy and John Roberts will likely be the deciding factors. If they agree with the conservatives and reject the healthcare overhaul in its entirety, Obamacare will fail. If not, Obamacare could be implemented in full or in part. Let us hope the Supreme Court stands firm on the principles of freedom and limited government and rejects an ever-expanding and encroaching leftist agenda. 

This article was posted in Healthcare by Karen Duquette on June 18, 2012 at 2:09 PM.

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Comments on this article

  • 1

    Aaron Jul 01, 2012 at 12:13

    In Nebraska, government has made it law for everyone to have auto insurance. I’ve lived in other states that did not have this requirement and have found that this law drives down the cost of auto insurance in Nebraska. This has been around for years and yet government has never stepped in to provide a sub-standard, cheaper alternative. I choose my own insurance. I also still have the freedom to choose what model car I would like and I can treat my car how I want. I can give it premium gas or cheap gas and I get to choose where I buy my gas. I can fix the door ding or choose not to. I can drive it hard or take it easy. I can follow the maintenance schedule or choose not to and I get to choose where to take my car for repairs. I can choose to take the roads and routes I want. If I make bad decisions and mistakes with my car, then my insurance goes up. Just because government mandated insurance, doesn’t mean that they will automatically dictate my freedom of choice. I agree with making health insurance manditory, because when people use medical services and don’t pay, that burden falls on us who do pay and on tax payers for social services, driving up the costs of medical services and health insurance. So make insurance manditory, but that’s all that government needs to do. Leave the freedom of choice in the hands of the people.

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