Did Congress render the entire statute unconstitutional in December?
Sure looks like it to me. If Roberts is consistent, he’ll have to strike it down now.
Did Congress render the entire statute unconstitutional in December?
Sure looks like it to me. If Roberts is consistent, he’ll have to strike it down now.
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I wouldn’t call it unconstitutional, nor an “illegal law,” but if the “tax” is now $0, why not just ignore it? Can alternatives now be sold now that the potential customers will not be penalized, or are they blocked some other way?
I would agree. I don’t see it as unconstitutional, but rather Congress did what Roberts told them to do; solve the problem via legislation rather than punting to SCOTUS. If you then neuter the penalty, you’ve created a system in which you can either get healthcare via the government, via your employer, on your own, or not at all.
The problem (I think this is still in the law, but I’m happy to be corrected) is that insurers are still required to insure even with pre-existing conditions. This incentives people to go without insurance until they develop a costly condition. People were doing this before, but they ran the risk of not be insurable later. That risk was moved to the insurance company. Overall, this might not be a bad thing, but if enough people act rationally, they’ll opt for no insurance until they need it. Thing is, we’ve been conditioned that it is more rational to get insurance to cover preventive care, despite such care annually being cheaper than premiums (and most often cheaper than out of pocket deductibles).
Calling a zero-care compliant payment plan “insurance” does violence to the language. Insurance covers unlikely events, not the assortment of expected events covered by such plans.
” all it would take to end Obamacare is a decision by the Trump administration not to enforce this illegal law by agreeing to settle the lawsuit brought by plaintiffs challenging the constitutionality of the individual mandate.”
This assumes, one, that Trump is not an idiot and, two, that Trump is actually committed to repealing Obamacare, neither of which has been proven over the last year and a half.