gut;860188 wrote:If individuals can opt out, it will sort of defeat the purpose of providing coverage to people who supposedly can't afford it. I suspect many of these people will opt out because they don't want to pay for it, eventhough Obamakare intends to give them free coverage. Free food, free healthcare, free cell phones...if we just give them a house these people won't even have to work!
This may be a good thing as the mandate could have been better constructed anyways. The creator of the individual mandate, Mark Pauly, an economist who was part of the George H.W. Bush administration who crafted as a policy for the POTUS to propose as an alternative to liberal models of universal health care believes it could be better structured to be more like a tax than it's current form as a penalty.
This is his view in response to it being ruled unconstitutional:
"I don’t remember that being raised at all. The way it was viewed by the Congressional Budget Office in 1994 was, effectively, as a tax. You either paid the tax and got insurance that way or went and got it another way. So I've been surprised at that argument. But I’m not an expert on the Constitution. My fix would be to simply say raise everyone’s taxes by what a health insurance policy would cost -- Congress definitely has the power to do that -- and then tell people that if they obtain insurance, they'll get a tax break of the same amount. So instead of a penalty, it’s a perfectly legal tax break. But this seems to me to angelic pinhead density arguments about whether it’s a payment to do something or not to do something."
Crazy 90's republicans and their reasonable approach to the world...
But additionally, this Court ruled it severable from the rest which is huge for BHO because that is largely the only Constitutional problem with it if we're to view it in light of contemporary jurisprudence. Congress could easily keep PPAC and craft a better mandate. I honestly think it's a win for BHO since the whole thing didn't get ruled unconstitutional at the appellate level. If republicans just did what the Heritage Foundation wanted in 1991 it'd be an easy fix but we all know that won't happen....