• Much maligned by opponents of health care reform, the individual mandate is the aspect of the law requiring everybody to purchase health insurance (except those who can’t afford to). It’s also the part under attack by reform opponents, who find it unconstitutional and hope to bring down the entire law by way of judicial activism lawsuits against it. Unfortunately for them, a federal judge in Michigan has just upheld the individual mandate’s constitutionality. In her words, here’s why:

• Interstate commerce
  “The decision whether to purchase insurance or to attempt to pay for health care out of pocket is plainly economic,” Judge Steeh said, reaffirming  that the individual mandate falls within Congress’ right to regulate interstate commerce.
• It affects everyone Whether or not individuals purchase insurance has “clear and direct impacts on health care providers, taxpayers, and the insured population who ultimately pay for the care provided to those who go without insurance.”
  
• A unique market
  “The health care market is unlike other markets. No one can guarantee his or her health, or ensure that he or she will never participate in the health care market. Indeed, the opposite is nearly always true.” source

Posted by Seth Millstein • Permalink