Archive for December 13th, 2010

Commentary by JC

Baucus’ “Health Care Reform Provision Is Unconstitutional, Federal Judge Rules”

I knew it would eventually come to this. Today’s headlines all over the media and blogosphere blaring out the news that the legal arguments against the mandate are beginning to advance in court. The battle against Obama’s health insurance reform act, and Baucus’ part in it are going to fuel right wing and tea party clamoring for repeal, but for all the wrong reasons.

And of course, we’ll be getting a basket full of the following ostrich mentality:

“Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions – the coverage mandate and the creation of new insurance markets – don’t take effect until 2014.”

My goal here isn’t to take the debate about the individual mandate on again, or offer my opinion about its constitutionality under the Commerce Clause. I in no way support, or have supported the mandate. And I am on record in hundreds of comments here and at LitW about my opposition to the mandate.

Instead, I’m going to continue on with the line of reasoning I put forth about why the mandate, as constructed by Baucus and signed into law by Obama, is another step in the wrong direction for progressives and civil libertarians. Given that there now is movement on the mandate’s constitutionality, which most agree will put the provision before the Supreme Court before it ever gets implemented, it is time to start looking for alternatives, as there will be a huge drive to “amend” (read as “repeal” in some form or another) the bill in an increasingly overt conservative environment in Congress and the White House.
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