Activist Judge Throws Out GOP Health Care Idea

An activist judge in Florida who was appointed by Ronald Reagan has thrown out a poor Republican health care idea, the individual mandate. In contrast to the previous court decision against the individual mandate which allowed the rest of the law to progress, this ruling is against the entire act.

As I noted at the time of the previous court decision, as long as the major battles are over the individual mandate, the Republicans win political points. Very few people are aware that this, like many aspects of the Affordable Care Act, is an old Republican idea which Republicans rejected as soon as Democrats supported it. While it was a bad idea when initially proposed by Republicans, the Democrats have foolishly allowed themselves to be the party which is forcing people to buy insurance. This changes the way people see health care reform from something which is done to help them to something which is done to them by the government.

Most likely the Democrats will fight this ruling. While the Constitutional argument against the law is poor, and it appears even the Founding Fathers sided with the Democrats here, this could even be a losing legal battle considering the current make up of the Supreme Court.

It is a battle which does not need to be fought. The important issue isn’t whether we have an individual mandate but whether measures are included in health care reform to ensure that people cannot game the system by waiting until sick to purchase insurance once insurance companies are prevented from denying coverage to those with pre-existing conditions.

There are many other ways this could be accomplished. We could have open enrollment periods like the voluntary Medicare Part D program, with those who purchasing outside of such open enrollment periods being subject to the old insurance company rules. There could also be higher premiums for those who sign up later, as is also done with Medicare Part D, to make up for the premiums not paid into the system when the individual was younger and healthier. Changes such as this could limit the problems from the free rider problem, while eliminating the major reason why many on both the left and right have opposed the current plan.

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3 Comments

  1. 1
    William J Reynolds says:

    RT @RonChusid: Activist Judge Throws Out GOP Health Care Idea #p2 #p21 #topprog http://bit.ly/gU8XRW

  2. 2
    BrettR4763 says:

    RT @RonChusid: Activist Judge Throws Out GOP Health Care Idea #p2 #p21 #topprog http://bit.ly/gU8XRW

  3. 3
    Mugwumpie says:

    RT @RonChusid: Activist Judge Throws Out GOP Health Care Idea #p2 #p21 #topprog http://bit.ly/gU8XRW

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