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.