Freedom is something that has, up until recently, been enjoyed by Americans for as long as we can remember. Now, a 2014 provision of Obama health care in which most Americans must obtain insurance seems to be in direct opposition
of the Commerce Clause of the Constitution. Citizens have never been forced to buy a commercial product; they have had the choice of whether to buy or not to buy. If this provision does take place, it seems in some way that our rights and freedom have been lessened.
Obama health care has face many challenges since it was signed in to law, but this seems to be the biggest so far. A lawsuit brought by attorneys general and governors from 20 states is the most prominent of many court challenges sweeping Obama health care presently.
One deputy assistant attorney general is defending the law, stating that the health care market was unique due to the unpredictability of getting sick or facing potential bankruptcy. Ian H. Ghershengorn told Judge Roger Vinson of Federal District Court in Pensacola, Florida that consequences to the economy of not having insurance coverage, which includes the shifting of costs to others, justify that this provision should be regulated by Congress.
Lawyers representing the state officials present argued that the insurance requirement under obama health care was unconstitutional because for the first time citizens would be required to purchase a commercial product. David B. Rivkin Jr., representative for the state officials, said that this provision of the obama health care law would leave more constitutional devastation behind it than any statute in our nation’s history.
Governors fear that the 10 percent that states will pay eventually to support the provision will burden their already strained budgets. The 2014 provision of required health coverage under Obama health care will initially be paid for by the federal government if it does indeed go through.
According to the 2014 provision, most Americans will either buy health insurance or pay a penalty. This penalty will supposedly be phased in, beginning at $95 or 1 percent of annual income in 2014, whichever is higher. By the year 2016, families will pay $695 or 2.5 percent of annual income, but will pay no more than $2,085. Those with a financial hardship or religious beliefs against medical care may avoid the Obama health care requirement.
Obama health care is a hot topic for debate; some are for it, many against. Only time will tell how it all plays out, and whether Americans will be required to buy a product that many cannot afford and do not want.
Mark South
Obama Health Care










