My latest NewsRealBlog post:
As a victory for constitutional originalism and a major blow to Barack Obama’s agenda, Judge Henry Hudson’s ruling against ObamaCare’s individual mandate has many conservatives cheering. But is it too soon to break out the champagne glasses? UC Boulder law professor Paul Campos thinks so. At the Daily Beast, he says that the Left may yet have the last laugh:
Judge Hudson’s decision, by ruling the individual mandate unconstitutional but leaving the rest of the Affordable Care Act intact, would, if it were to stand up on appeal, essentially be a death sentence for the private medical insurance industry in America.
After all, under the remaining provisions of the ACA, insurance companies would still be legally required to enroll applicants despite whatever pre-existing conditions the applicants might have—but they would no longer benefit from the crucial legislative quid pro quo that anyone who did not purchase insurance would be subject to a penalty in the form of a tax.
Perhaps (though it’s unclear how big the difference will be, since many will buy health insurance regardless of whether the law says they must). But that’s the thing about conservatives: we don’t assume that the courts will resolve all our political goals for us. Instead, we’re holding our lawmakers’ feet to the fire to see ObamaCare repealed legislatively. Likewise, if the individual mandate is unconstitutional, it’s unconstitutional. If an act of Congress can’t operate without a provision the Constitution doesn’t allow, that’s an argument against the act, not for the provision.
Of course it’s always possible that the Supreme Court would strike down the ACA as a whole. But given that even many of the biggest opponents of the law concede that its other provisions are constitutional, this seems extremely unlikely.
“Many” ObamaCare critics concede the constitutionality of the rest of the law? Name one.
Read the rest at NewsRealBlog.