Today's Wall Street Journal is reporting that U.S. District Judge Henry E. Hudson has ruled on the consitutionality of the Obama Healthcare Law.
According to the Journal:
"In a 42-page ruling, U.S. District Judge Henry E. Hudson said the law's requirement that most Americans carry insurance or pay a penalty "exceeds the constitutional boundaries of congressional power.""
The question at hand is whether the government can force you to buy health insurance. There have been two prior lower court rulings that upheld that right; this judge said it was not legal. Obviously, this matter will be going to the Supreme Court. Hopefully, the matter can be moved forward quickly and a decision reached.
The judge pointed out that the only part of the healthcare law that his ruling strikes down is the requirement for individuals to buy health insurance and the parts of the law related to that requirement.
I really have trouble with the concept that the government can require you to purchase something. Massachusetts has had a similar health insurance plan in place since 2006. It has created more problems than it has solved. Health insurance premiums have risen to the point that the state has had to step in to attempt to control the price increases. This has resulted in insurance companies changing the policies and benefits available. Requiring everyone to have insurance has not been successful. Emergency rooms lines in hospitals have not gotten shorter as the people who supported this bill claimed they would--they are the same or longer.
The biggest problem with the requirement to buy insurance is the requirement that insurance companies cannot turn anyone down. What has happened in Massachusetts is that people have paid the fine for not having insurance until they needed major medical care. At that point they took out insurance, had the necessary procedures down, then dropped the insurance and went back to paying the fine. This has created serious problems for the insurance companies. What happens in this case is that the state collects the fines paid for not being insured, so the insurance company has no way to recoup the large, sudden expenditure needed to cover the 'new' patient. Over a very short period of time, this is guaranteed to put private insurance companies out of business.
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