Sunday, August 14, 2011

Impact in MA of 11th Circuit Court ruling on O-care individual mandate


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The 11th Circuit Court of Appeals in Atlanta has ruled that Obamacare oversteps constitutional bounds in requiring individuals to purchase health insurance.

If upheld by the U S Supreme Court, does this ruling have any impact on the Individual Mandate in Massachusetts' state controlled health care? Unfortunately, the answer seems to be "no"!


The best analysis of this was written by the Federalist Society before O-care passed.

FedSoc reasons, "... arguably state governments - unlike the federal government -- have greater, plenary authority and police powers under their state constitutions to mandate purchase of health insurance.  So the Massachusetts state legal authority for an individual mandate - even if upheld -- is not necessarily available in the context of a federal mandate."

In the Iowa debate, Gov Romney pointed out that Massachusetts has its own Constitution. And we will continue to have the individual mandate no matter what happens on the Federal level - unless we do something about it. We must pass the Initiative Petition to repeal the individual mandate!  Anne





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