Obama Health Care

As Obama health care rolls on, a group of mostly Republican officials have mounted legislative and legal challenges against a requirement that will eventually lead to all Americans buying health insurance or facing a penalty tax.  These efforts are taking place across 33 states, with more joining the bandwagon by the week.

A lawsuit filed by Florida recently in a U.S. District Court states that individuals being forced to participate in an insurance plan should not be mandated by Congress, because they do not have the constitutional authority.  According to the suit, the mandate has infringed on the rights of states by requiring them to offer low-income residents coverage while not funding the added cost fully.  As of the 15th of May, seven additional states joined in the lawsuit.

Activists are hopeful that Obama health care will come unraveled, as more lawsuits and challenges are brought by state governments, individuals and legislatures in order to narrow the power of the federal government.  Constitutional scholars have stated that they believe the Florida lawsuit has only slim chances.

According to Clint Bolick, “This is going to be a long, protracted war of attrition and we haven’t even seen the first wave of regulations yet.”  Bolick is litigation director of the Goldwater Institute, an Arizona-based group that is advising state officials.

Those who support Obama health care claim that insurance costs would rise to exceedingly high levels if insurance were not mandated.  To support this theory, supporters say that since the new law will stop insurance companies from turning down people with pre-existing health conditions, the elderly or those who are sick would represent a huge majority of the insurance pool if others did not purchase insurance.

Florida is not the only state that has filed suit.  Virginia has now filed a separate lawsuit, and may get a decision even before the Florida suit which may happen in mid-September.  Virginia and Idaho passed a law prohibiting the “individual mandate” to purchase insurance coverage prior to Congress passing health reform.  Virginia is now arguing that the federal law to mandate health coverage is infringing on the states statute.

Arizona, Oklahoma and Florida leaders are taking yet another approach to block the overhaul:  On ballots for November, there may be a state constitutional amendment prohibiting the individual mandate.  As of now, 11 more states are instituting similar campaigns, although proposals in 15 additional states to adopt constitutional or legislative amendments failed to succeed.

The head-on assault to Obama health care faces very tough odds, according to Bolick, who says that he believes there will be a thousand flowers bloom in terms of lawsuits.  It looks as those who are ready to fight Obama health care have a tough job on their hands, and one that will likely end in defeat.

Mark South
Obama Health Care

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