Close Call But Court Will Find Individual Mandate Unconstitutional – Big Government
Posted May 2, 2010on:
This is a good article written in layman’s terms to explain why the ObamaCare Reform bill will not stand when the Supreme Court takes a look at it. Some of you may find the reasoning for the arguments of interest as I did. BB
If any part of the health care bill is found unconstitutional, the whole bill fails because it contains no severability clause. Consensus holds that it will take two years for the constitutional challenge to progress through the federal district court, then the appellate court, and finally the Supreme Court. In the meantime, it is possible that an injunction from the district or appellate courts could put the entire bill on hold until the injunction is lifted or the case finally resolved.
My own view is that the Supreme Court will rule the health care bill unconstitutional because never in the history of jurisprudence has the court required a citizen to buy a certain private-sector product or service and never has it defined an insurance premium or resulting fine as a tax.
Ronald L. Trowbridge, Ph. D. is a Senior Fellow at the Texas Public Policy Foundation, a non-profit, free-market research institute based in Austin. He served as chief of staff to the late U.S. Supreme Court Chief Justice Warren Burger and to the Commission on the Bicentennial of the U.S. Constitution.