Home > Uncategorized > Obamacare… The downward spiral?

Obamacare… The downward spiral?

As Jack Hudson points out, the wheels have started to come off.

But have they really?

In a way yes. The government will appeal and request a stay, even though this particular mandate doesn’t come into effect until 2014, the government will undoubtedly argue the following two points:

1. If the mandate is eventually found to be constitutional, than a stay could damage, irreparably, the implementation of the law.
2. That the lower courts ruling is faulty somehow.

On the first count they are probably right. On the second, well I doubt very much the district court will be found in error by the appellate court. The reason is the judgment was made solely on the basis of previous Supreme Court rulings. The district court found that the Supreme Court has never found that not consuming something is commerce.

In one case they determined that wheat grown in your back yard for your own consumption is commerce that can be regulated by Congress. That was due to the fact that growing your own wheat would have an effect on wheat prices elsewhere. You are still consuming it though that’s the key, you haven’t sworn off eating wheat. Not buying or consuming health care insurance (benefits) is not the same thing.

The federal government is trying to say that sometime in the future everyone will use the health care system and some of those people will not pay their bills and that will be passed on to the rest of us. Therefore you will consume it, and its the same as growing wheat in your backyard.

I don’t think the government is going to prevail on this point, but see the following post for my solution to the whole issue that started this mess, preexisting conditions.

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Categories: Uncategorized
  1. 2010/12/14 at 10:08

    Thanks for noting the precedent to which the ruling refers. I think while the previous ruling ( Wickard v. Filburn, which I personally see as wrongly decided) would have kept farmers from doing something, the individual mandate in Obamacare causes an individual to participate in a market whether he or she wants to or not. And there is no provision that allows one to opt out – where as wheat farmer might choose to opt out of growing wheat and so not be subject to the governments requirements, the only remedy a citizen had against the Obamacare individual mandate was to die!

  2. 2010/12/14 at 10:23

    To be honest…. that particular opt out might not be all that bad, even if Obamacare turned out to only be half as bad as I’m sure it will be. (IF it be at all, once all is said and done)

  3. 2010/12/22 at 21:28

    I can’t help but observe the notable absence of discussion on the two rulings in other states which have found the health care law to be constitutional.

  4. 2010/12/23 at 02:34

    Both of which were based on different arguments. Maybe you can point out how you find this particular mandate in line with congresses constitutional powers and legal precedent?

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