AP: Striking Down the Individual Mandate Won‘t Kill Obama’s Health Care Law
- Posted on March 28, 2012 at 7:15am by
Billy Hallowell
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Mike Carvin, counsel for the National Federation of Independent Businesses, right, speaks with plaintiff David Klemencic who runs a flooring business in Ellenboro, W.Va., outside the Supreme Court in Washington, Tuesday, March 27, 2012, after the court heard arguments on the health care reform law signed by President Barack Obama in Washington. (AP Photo/Charles Dharapak)
WASHINGTON (The Blaze/AP) — Contrary to what some may believe, President Barack Obama’s health care law would not automatically collapse if the Supreme Court strikes down the unpopular requirement that most Americans carry medical insurance or face a penalty.
The overhaul could still lurch ahead without that core requirement, experts say. But it would be more like a clunky collection of parts than a coherent whole.
That would make an already complicated law a lot harder to carry out, risking repercussions for a U.S. health care system widely seen as wasteful, unaffordable and unable to deliver consistently high quality.
Premiums could jump for people buying coverage individually, and for small businesses. That’s because other provisions of the law require insurance companies to accept people with health problems, and limit the premiums that can be charged to older adults.
Sooner or later, the dilemma of the nation’s 50 million uninsured would land back on the doorstep of Congress.
During Tuesday’s oral arguments, the Supreme Court’s conservative justices fired off sharp, skeptical questions about the constitutionality of the mandate, fanning speculation that it may not withstand review.
It’s unclear what the court will do in the end, whether it will let the law stand or strike the whole thing down, or invalidate only the mandate.
The insurance requirement is unprecedented in federal law, but it is not the only lever for expanding coverage in Obama’s legislation.
“The hyperbolic language that is being used about this is way over the top,” said economist Gail Wilensky, who ran Medicare and Medicaid under President George H.W. Bush. The mandate “is important, but not that important. There are other strategies to encourage people to purchase health insurance.”
If the mandate only is struck down, the law’s Medicaid expansion would still be carried out under a separate provision. The Medicaid expansion also is being challenged, but no lower court has found it objectionable.
Starting in 2014, Medicaid would provide health insurance to over half the estimated 30 million people receiving coverage as a result of the law, mainly childless adults living near poverty.
Another provision in the law provides government subsidies for many middle-class people to purchase individual policies, also available starting in 2014. Those subsidies, which have not been challenged, would probably entice many to buy a plan.
And yet another part of the law imposes fines on medium-sized and large employers who do not provide coverage to their workers.
Still, various economic studies have projected that without the mandate ten million to 15 million people who would have been covered instead will remain uninsured.
Wilensky said the government would have options. It could impose penalties on people who postpone getting health insurance until they have a medical problem, higher premiums for instance.
“You don’t have to buy health insurance, but we‘re going to make you pay for the cost you’re imposing on the rest of us,” said Wilensky. That’s the approach Medicare uses — successfully — to get seniors to buy outpatient and prescription coverage.
If the Supreme Court strikes down the mandate, the Obama administration and the insurance industry have asked the justices to also invalidate consumer protections such as the law’s ban on denying coverage to people with pre-existing health problems. Unless everybody is required to be in the pool, they argue, those safeguards won’t work as intended, and could destabilize the insurance market.
Experts debate whether or not such a dire consequence will come about — or if coverage will just get even more expensive than it already is.
“Without a mandate the law is a lot less effective,” says MIT economist Jonathan Gruber, who advised the Obama administration and, earlier on, then-Massachusetts Gov. Mitt Romney, who put such an insurance mandate in that state’s health care law. “The market will not collapse, but it will be a ton more expensive and cover many fewer people.”
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Comments (93)
TeaPartyForRomney
Posted on March 28, 2012 at 9:35amUtah’s US Senator Mike Lee was there on the Supreme Court steps. He has worked with the justices before and he was outside telling the press what he read from their faces. Very interesting: http://www.thedailycandidate.com/video/2012/mar/lee_oppose_obamacare.html
I think the judges will be just as hard to those on the other side. We still need to pray that they will overturn it, then after the mandate is dissolved we can take out the rest of the parts and give the powers back to the states.
Report Post »AvengerK
Posted on March 28, 2012 at 10:44amSo now you’ve got Nosferatu Carville making veiled threats against the Supreme Court and the AP trying to frighten Americans into supporting Obamacare. Without question, the professional left is in a panic right now.
Report Post »FormerLib
Posted on March 28, 2012 at 11:09am“we’re going to make you pay”…..this ought to be the motto of the federal government.
When do we get to make the 50% of folks people who pay no income tax and consume the lions’ share of revenue resources “pay for the cost you’re imposing on the rest of us”?
Report Post »pavepaws
Posted on March 28, 2012 at 4:42pmDump the whole thing. Start over with reasonableness.
Report Post »turkey13
Posted on March 28, 2012 at 6:36pmMy Dr. at age 55, hung it up- he saved his money and invested in gold back when it was $300.00 an ounce – so he’s comfortable. I got fed up of waiting 2 1/2 months to get an appointment and was using a private emergency clinic. Two months ago, I asked my new Dr. what it would cost for an office visit if I paid cash over the $152.00 he charges Medicare and my Union Insurence. He told me it would be $85.00 and I agreed, at this time he told me to tell the office it was private pay. Just called Monday and have an appointment Friday – Wow.
Report Post »officialblackwater.com
Posted on March 28, 2012 at 9:33amI thought it was 30 million uninsured… then 35 million.. then 40 million.. now 50 Million are uninsured… Drinking the Kool-aid .. To the WH and ABC, NBC, CBS, CNN, MSNBC, Discovery, Cnbc it will be 100 million it not 150 million uninsured , sick and dying before the election… will it be the same propaganda here??? Just curious
Report Post »BeingThere
Posted on March 28, 2012 at 9:27amStrike the whole damn thing down, then issue a bench warrant for Obama and everyone in congress who voted for this un-American POS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Can the supreme court do that? I can dream!!!
Report Post »oldguy49
Posted on March 28, 2012 at 9:30amjust banother reason to make sure oboma gets to move
Report Post »LibsFIB
Posted on March 28, 2012 at 9:24amI will not comply.
Report Post »LibsFIB
Posted on March 28, 2012 at 9:21amNon-severance clause STRIKES DOWN this P.O.S. LAW!!!
End Of STORY.
Pelosi will have her facelifts on her own dime!
RON PAUL 2012!!!!
Report Post »oldchevyguy
Posted on March 28, 2012 at 1:43pmAbsolutely!
Report Post »mastice
Posted on March 28, 2012 at 9:12am@ Billy Hallowell (author/contributor to article)
If you actually read this I do want you to know I mean no personal offense with this. I admit I am not up to speed on the ‘official’ numbers of uninsured in the country but when did it reach “50 million” as stated here?
When the Affordable Care Act (obamacare) was being debated in Congress the argument was that the bill would cover up to 30 million uninsured in the our country. And wasn’t it proven, at that time, that of the 30 million only 12-15 million were legal US citizens?
I may be wrong, with all the problems ‘obamacare’ has caused since it’s passage (not even fully implemented yet) I can believe that a large number of people are now ‘uninsured’. I just find it really curious that there seems to be little consistency anywhere on the estimates of those who do not have health insurance. (I also find it curious that few places offer up the demographics of those uninsured as well – they merely throw a number around and state it as ‘fact’)
Report Post »MCDAVE
Posted on March 28, 2012 at 9:27ammany unemployed people no longer have insurance..Because of Obamacare no one wants full time employees..need to scrap the whole bill before it causes total unemployment..
Report Post »AvengerK
Posted on March 28, 2012 at 10:41amMASTICE…before it was “30 million uninsured” Obama and the democrats were touting “47 million uninsured”. Obama adjusted the number after criticisms began taking hold that stated that the 47 million number included illegals. So at Obama’s infamous “you lie” speech before congress…all of a sudden it became “30 million uninsured”..without a blink from Obama. Consider yourself informed now.
Report Post »http://freedomeden.blogspot.com/2009/09/obama-30-million-uninsured-47-million.html
Yes it’s a blog but the quotes it cites are accurate. You can verify them yourself.
SpankDaMonkey
Posted on March 28, 2012 at 9:06am.
Obama’s Health Care Law is Striking Down the Individual, and might just Kill You in the End……
SpankDaMonkey 2012 “So you’ll have a future”……
Report Post »MCDAVE
Posted on March 28, 2012 at 9:57amMCDAVE FOR VP…I’m not qualified either…But it didn’t matter in 2008…SPANKDAMONKY AND MCDAVE 2012….Were looking forward to our expensive vacations and golf outings
Report Post »eyestoseeearstohear
Posted on March 28, 2012 at 10:42amI LOVE IT!
I believe you too guys WOULD DO BETTER than the KOOKS that are in charge NOW.
You have your Mission – Good Luck Fellows! :)
Report Post »eyestoseeearstohear
Posted on March 28, 2012 at 9:05amI wonder which of the SCOTUS got a CALL from BO, last night?
Report Post »Has he started WALKING ABOUT TO WASHINGTON…to get there BEFORE TODAY?
MCDAVE
Posted on March 28, 2012 at 9:35amBarry is the master of the bribe.and closed door late night meetings.
Report Post »eyestoseeearstohear
Posted on March 28, 2012 at 10:35amYep…MCDAVE, he is good at THAT!
He just smiles and jokes and charms them AND THE MEDIA, while doing so.
And, his supporters just grin and go, AWWWW….he’s soooo brilliant!
BUT..
Report Post »Wrong CAN BE DONE…but only for so long.
It will ALL bottleneck – AND BLOW UP!
progressiveslayer
Posted on March 28, 2012 at 9:00amThis is wishful thinking on AP’s part,they‘re spinning for Barry because they don’t want their boy to look bad when SCOTUS strikes down the draconian law 5-4.We have four constitutional conservatives four fascist’s and a moderate,Kennedy who will decide the case.
Report Post »MCDAVE
Posted on March 28, 2012 at 9:19amI worry about Obama’s ability to buy the votes he needs..he’s the master of the bribe.That’s how it passed the first time
Report Post »progressiveslayer
Posted on March 28, 2012 at 9:33amHe does have the media and unions backing him and it‘ll be difficult to over come the massive voter fraud the dems are famous for but I believe he’ll be defeated,for the sake of our republic he must be defeated.
Report Post »Gonzo
Posted on March 28, 2012 at 9:39amThe conservative justices have to still be miffed at Obama for disparaging them in front of the world over the Citizens United case at the SOTU a couple years ago. You know those justices don’t like being told they are wrong in front of the world. I hope it bites him in the rear.
Report Post »FightingBear
Posted on March 28, 2012 at 8:46amhe final bill that was passed has no severability clause. The bill passes as a whole, or is struck down as a whole. The Senate Democrats hedged their bets and left out that clause. They are now going to see the consequences of their “foolish” gamble.
Report Post »@leftfighter
Posted on March 28, 2012 at 8:57amAgree.
You have to remember, AP is one of the MSM organizations predicting that the bill would pass SCotUS in a blow-out. Oops!
This amounts to wishful thinking. Nothing more.
Report Post »@leftfighter
Posted on March 28, 2012 at 9:03amForgot to mention:
…even the Federal government says the bill can’t stand without the mandate.
From Kennedy’s questions yesterday, he seemed to have agreed with Florida‘s argument that the Federal government can’t compel citizens to buy anything, even if it’s for their own benefit.
It worries me, though, that at the end he said somehtig to the effect of, ‘…healthcare is a unique market where unique action may be required.’ My guess is that he wants to remain a wildcard to the bitter end.
This is going to take daily prayers, folks. This ruling won;t be passed down until June. Petition the Lord with prayer that the Justices at SCotUS see this simply as what it is: the loss of freedom.
Report Post »MCDAVE
Posted on March 28, 2012 at 9:13amHas anyone ask the health care industry want they want? they want the government and they lawyers off their backs so they get to keep the money they make..most of your medical bill money ends up in the hands of insurance co’s and attorneys..Mal practice insurance is what makes medical care so expensive
Report Post »progressiveslayer
Posted on March 28, 2012 at 9:30am@MCDAVE You know what they say,if you think healthcare is expensive now wait until you see what it costs when it‘s ’free’.Every time government gets involved in anything two things happen,the cost skyrockets and the service is worse and the first thing they’ll do is ration care.
You hear these consumer watch dog groups complaining about insurance companies denying care,the government will make insurance companies look like pikers when they start denying claims.
Report Post »There’s no denying it health care insurance in this country has to be reformed but the less the government is involved the better.
MCDAVE
Posted on March 28, 2012 at 9:40am@PROGRESSIVESLAYER .. I totally agree
Report Post »Snowleopard {gallery of cat folks}
Posted on March 28, 2012 at 8:32amObamacare needs to die across the board; I still figure Obama and the Democrats have something prepared in the wings to replace it if the court (hopefully) destroys Obamacare completely.
Report Post »FightingBear
Posted on March 28, 2012 at 8:49amI think you may be right, …but the difference this time is they no longer have control of both houses of congress. They can’t pass an alternate uber-liberal legislation to replace it. Thank God!
Remember: The only thing bi-partisan about Obamacare was the votes against it.
Report Post »eyestoseeearstohear
Posted on March 28, 2012 at 8:55amSURE they do.
It was written poorly, opened end and with confusing language, leaving ample room for
later “fill-in” opportunities, which no doubt would be more precise and severe wording.
In their haste to rush this thing through…as Pelosi said, “We have to read the bill in order
to FIND OUT what’s in it – KNOWING these people hate to READ THEIR NAME TAGS,
let alone over 2000 pages…but STILL, they put in a Penality Clause WITHOUT stating
what would happen IF the Penalty wasn’t complied to. Should it be passed, they
COULD “fill-in” that portion with ANY KIND OF PUNISHMENT.
I say, CHOP THAT THING UP…LIKE THE VENOMOUS SNAKE IT IS!
Report Post »poorrichard09
Posted on March 28, 2012 at 8:58amIf it fails (as it should) the Regime will just use it as another issue to divide people and gin up those who think they should get everything for free.
Report Post »soybomb315
Posted on March 28, 2012 at 8:31amif they take the individual mandate out of obamacare, at least it will be better than romneycare
Report Post »eyestoseeearstohear
Posted on March 28, 2012 at 8:29amPROPAGANA -
CHOP THIS THING INTO PARTS AND PIECES AND SEE IF IT SURVIVES!
BEGINNING WITH the mandate.
Report Post »eyestoseeearstohear
Posted on March 28, 2012 at 8:40amThere I go, AGAIN..
PROPAGANDA…..not propagana.
Sorry…I will slow down.
Report Post »SamIamTwo
Posted on March 28, 2012 at 8:26amand it will give the health care ins coos an excuse, again, to double down on trying to increase the monthly fee and co-pays…we are already paying for their health care. JIMHO
Kill the bloody law. It has more than ObamaCare in it…Population control is a serious issue with the left and it is deeply rooted in this EXISTING LAW. Total intrusion into your lives.
Report Post »disenlightened
Posted on March 28, 2012 at 8:15amWithout the mandate the whole bill crumbles under it’s own weight. The AP is carrying water again.
Report Post »tarpon
Posted on March 28, 2012 at 8:21amThe AP suckup of the day.
Report Post »4xeverything
Posted on March 28, 2012 at 7:59amI will not comply.
Report Post »TomFerrari
Posted on March 28, 2012 at 8:15amWhen all your healthcare is free, you can stop trying to stay healthy!
You can also run to the doctor for every scratch, every sniffle.
Talk about government bloat!!
Ever go to an all-you-can-eat buffet? Are the customers skinnier or fatter?
Healthcare reform? Sure! But government healthcare? NO!
This is not about healthcare anyway. This is about health INSURANCE. I, like many, have paid cash for many health services over the years. Claiming I, or others, would be a burden is a false claim. Only if you don’t pay, are you a burden. So, those who are the burden are the recipients of the benefits. So stop saying everyone is a burden. I used to know people who never went to a doctor in their lives – not religious-based, they just didn’t like doctors.
It also punishes the young and the healthy. (The young who don’t have extra money and who are at a much lower risk)(The young lemmings who are in the streets supporting this obomination.)
Report Post »SamIamTwo
Posted on March 28, 2012 at 8:32amTomFerrari
When my son was poor, he was able to get WA State subsidized health care…and it is elective…the youth do not think about HC…and have other priorities such as kool electronic, wireless gadgets that keep them in debt…
It’s a matter of choice.
Report Post »searching for the Truth
Posted on March 28, 2012 at 7:59amThe next best thing is, hit it with a stick – violence seems to work.
Report Post »soybomb315
Posted on March 28, 2012 at 7:53amObamacare is really just a means to an end. obama has said publicly that he wants a single payer system. The socialists have made it so whatever the supreme court does, healthcare costs will skyrocket. When costs are high, people will clamor for government to take over healthcare – they are already halfway there
Good luck trying to fix that with mitt romney. He recommended the individual mandate in 2009 and thinks obama “is just in over his head”….
Report Post »SpankDaMonkey
Posted on March 28, 2012 at 7:51am.
We need a Law to keep the Illegal Mexicans and Obama supporters out of the Health Care System….
That would save Billions…….
Report Post »love the kids
Posted on March 28, 2012 at 7:45amThe supreme court is not there to make laws, only decide on the constutionality of a law before them. The Dems purposely wrote in the anti severibility of this law so they were daring the court to throw it out. In other words, if the mandate is unconstutional, (which everybody knows it is), then the ENTIRE law is invalid, they should not sever it.
Report Post »This law has more to do about destroying the constution than health care.
eyestoseeearstohear
Posted on March 28, 2012 at 11:11amIT IS ABOUT DESTROYING THE CONSTITUTION AND NOT ABOUT HEALTHCARE.
It ALSO seizes control over the PEOPLE in one full sweep…which is ALSO want they
intended it to do.
And, Obama‘s statement to Russia’s President Medvedev, is even very revealing that it IS
Report Post »his intention of having even more “flexibility”-
i.e. UNLIMITINED, UNCONTROLLED POWER, in doing ALL HE desires.
LindaB11
Posted on March 28, 2012 at 7:45amThe bill will collapse without it so yes it will kill the bill
Report Post »soybomb315
Posted on March 28, 2012 at 7:54amkill bill? that should be the slogan
Report Post »EP46
Posted on March 28, 2012 at 7:40amThe pictures yesterday of the SEIU protest outside the Court are Priceless….remember …Unions got exemptions ! Were there not enough Homeless Hot Spot people the Left could hire…they had to bus in the Unions again ???
Report Post »leftcoastslut
Posted on March 28, 2012 at 7:40amit’s just another D.C. ponzie scheme.
most of the uninsured are the young (20‘s and 30’s) and you will be forced to buy insurance to cover us old folks. but don;t worry you will either have to have lots of children to pay in for your coverage or allow more illegals in so we can tax them.
Report Post »Baddoggy
Posted on March 28, 2012 at 7:38amIf the individual mandate fails and they keep the rest of the bill intact all Obama has to do is write an EO that says all healthcare is now free, no insurance needed. The single payer system is all we need…The Government pays for everything now…That would mean an almost instant bankruptcy of the monetary system.
Report Post »Really, a sick senario but what would stop him from doing so? He thinks he is a beloved dictator already and no one in Congress has the balls to stop him…. He would shore up the masses and fool the sheeple and satisfy them because most idiots would just hear “free healthcare”…
Put a dagger in the heart of this mess…
eyestoseeearstohear
Posted on March 28, 2012 at 8:36am@ BADDOGGY
Yep!
And, when Obama comes back (if not already) WE need to deal with his RECENT statment,
which is being called a “gaffe”….YEAH RIGHT!
Sounds like to me it was “conspiring with an foreign country ”, which he is ALREADY
trying to laugh if off and charm his way out of it.
I wonder WHAT WOULD BE grounds for Treason, if not this?
Report Post »GhostOfJefferson
Posted on March 28, 2012 at 8:53amAn EO would guarantee that the entire law is destroyed almost as soon as the ink dried. It’s beyond a question of Constitution at that point, he’d be inventing law out of whole cloth without even the pretense or cover of “existing agencies and powers”. In other words, I doubt it would happen, but if it did, it would destroy the entire monstrosity withing minutes.
Report Post »Gonzo
Posted on March 28, 2012 at 7:34amIf the mandate gets struck down, will it help Romney make the argument that Romneycare is substantially different from Obamacare in the general election?
Report Post »Baddoggy
Posted on March 28, 2012 at 7:46amRomney is already arguing that it was a States right issue and not a Federal issue…and he is right according to the 10th ammendment.
Report Post »That does not mean Romneycare was a good idea.
soybomb315
Posted on March 28, 2012 at 7:49amno. Both bills are unconstitutional and include the individual mandate. If the individual is taken out of obamacare – then ROMNEYCARE WILL BE WORSE THAN OBAMACARE. Team obama will just point to the fact that in 2009, romney recommended the individual mandate
http://www.redstate.com/erick/2012/03/02/breaking-mitt-romney-urged-obama-to-embrace-the-individual-mandate/
How would it feel to run a candidate who is to the left of obama on healthcare? If you like Mccain in 2008, you’re going to love mitt romney
Report Post »Gonzo
Posted on March 28, 2012 at 9:14amLook, I haet defending Romeny with a passion, but it looks like I have no choice. I think it will help.
Report Post »