Great news about the healthcare law

by charvaka Wed Jun 29, 2011 5:31 pm

The sixth circuit Court of Appeals has ruled that the individual mandate in last year's healthcare law is a valid use of the powers of Congress under the constitution. The key thing is that one of the two judges who made this ruling is a well-known conservative judge who once clerked for Antonin Scalia.

This ruling gives hope to supporters of the law that it won't be ruled unconstitutional by the Supreme Court. (This ruling by no means sets a precedent for the higher court, but I am hoping it will change a mind or two that's currently made up against the law.) I love the concluding part of his opinion: that it is better to leave it to elected representatives whether individual mandates are good policy or not.

The battle now moves to the appeals courts in Atlanta, Richmond and DC, and then on to the Supreme Court.

"No one is inactive when deciding how to pay for health care," he wrote.

"The basic policy idea, for better or for worse (and courts must presume
better), is to compel individuals with the requisite income to pay now
rather than later for health care. Faced with $43 billion in
uncompensated care, Congress reasonably could require all covered
individuals to pay for health care now so that money would be available
later to pay for all care as the need arises."

"Today's debate about the individual mandate is just as stirring, no
less essential to the appropriate role of the National Government and no
less capable of political resolution. Time assuredly will bring to
light the policy strengths and weaknesses of using the individual
mandate as part of this national legislation, allowing the peoples'
political representatives, rather than their judges, to have the primary
say over its utility."

by charvaka Fri Aug 12, 2011 11:37 pm

The eleventh circuit Court of Appeals has issued its opinion, and it ruled the individual mandate unconstitutional. Now that two Courts of Appeal have ruled in opposition to each other, I wonder if that means the Supreme Court will hear this case soon. There are appeals pending in the Richmond and DC appeals courts, but I don't think they need to wait, now that only a Supreme Court ruling can resolve the contradiction between the opinions of the Cincinnati and Atlanta courts.

Either way, so far the rest of the law seems to be holding up the scrutiny of even conservative judges. If the individual mandate is thrown out by the Roberts Supreme Court, but the rest of ACA stands, it would still be better than what we had before 2010.

Great news about the healthcare law

Great news about the healthcare law

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