Not surprisingly, the individual mandate in the ACA is the most unpopular part of the law. A poll from Kaiser Family Foundation indicates that 67 percent of Americans want to repeal the individual mandate, and only 27 percent of people want to keep it in place.
But that’s ObamaCare’s big problem: The law hinges on this mandate. “Guaranteed issue” laws, which require insurance companies to provide coverage, even if the applicant is already ill, would undoubtedly encourage opportunistic behavior in the insurance market without a mechanism to force people to pay into the pool before they get sick. The individual mandate is meant to keep insurance premiums low by forcing all of the healthy to subsidize the sick. If the individual mandate is ruled unconstitutional and void, the rest of the law won’t work without it.
That's not a reason to support twisting the Constitution to allow this tremendous expansion of government power to force people to buy a certain product: The entire new law should be scraped since there are far better ways to address the current flaws in our health care system, and to help those truly in need of assistance, without creating a trillion dollar new government program.
Americans should pay attention to the drama unfolding about the future of this new health care law. There is more than just our health care system at stake, but the entire concept of a government with defined, limited powers.
A lack of creative problem-solving skills led our lawmakers to violate our Constitution. Now, they are summoning up as many creative excuses as they can find to defend this law in court – and to the American people.
Hadley Heath is senior policy analyst at the Independent Women’s Forum, which runs www.HealthCareLawsuits.org, a Web site providing all the latest information about the legal challenges to ObamaCare.