Monday, March 26, 2012

Obamacare Constitutional?

The Supreme Court is considering the constitutionality of Obama's new health care law. In my opinion, the President's health care law is a bad law. I do not believe that it will reduce America's absurd annual inflation in health care costs and it imposes new financial concerns onto already struggling businesses. HOWEVER, I do believe that the law is constitutional. Health Care in America accounts for around 18% of the US economy. With increased personal mobility in the 21st century, individuals increasingly seek health care in different states and rely upon health care services/companies that are based in different states. Case law suggests that the Constitution grants Congress the power to regulate interstate commerce if there is a rational basis for that regulation. If an individual does not buy health insurance, he risks imposing costs on society at a later date (in the case of requiring expensive medical services in the future and being unable to afford those services). Nearly everyone will require health care services at some point in their lives.

Interpretation of the law requires analysis of the Constitution/case law applied to facts. Personal political ideology should be irrelevant. As such, in my opinion, requiring Americans to buy insurance falls under the orbit of Congressional authority to regulate the health care industry. 

At a political level, I believe that Obamacare should be repealed and replaced with reforms to cut health care cost inflation while improving coverage.

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